DCIT, New Delhi v. M/s. Indraprastha Gas Ltd., New Delhi

ITA 1899/DEL/2013 | 2009-2010
Pronouncement Date: 11-10-2013 | Result: Dismissed

Appeal Details

RSA Number 189920114 RSA 2013
Bench Delhi
Appeal Number ITA 1899/DEL/2013
Duration Of Justice 6 month(s) 8 day(s)
Appellant DCIT, New Delhi
Respondent M/s. Indraprastha Gas Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 11-10-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 11-10-2013
Assessment Year 2009-2010
Appeal Filed On 02-04-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C NEW DELHI) BEFORE SHRI RAJPAL YADAV JUDICIAL MEMBER AND SHRI T.S. KAPOOR ACCOUNTANT MEMBER I.T.A. NO.1899/DEL/2013 ASSESSMENT YEAR : 2009-10 DY. CIT INDRAPRASTHA GAS LTD. CIRCLE-11 (1) IGL BHAWAN PLOT NO.4 NEW DELHI. V. RK PURAM SECTOR-9 N. DELHI. (APPELLANT) (RESPONDENT) PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO.AAACI AAACI AAACI AAACI- -- -5076 5076 5076 5076- -- -R RR R APPELLANT BY : SHRI SATPAL SINGH SR. DR. RESPONDENT BY : SHRI ALOK GUPTA C.A. & SHRI PANCHAM SETHI FCA. ORDER PER TS KAPOOR AM: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE OR DER OF LD CIT(A) DATED 17.1.2013. THE GROUNDS RAISED BY THE REVENUE A RE AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCE OF THE CASE AND IN LAW THE LD CIT(A) HAS ERRED IN DELETING THE ADDITION OF ` .9 000 8426/- MADE ON ACCOUNT OF DIFFERENCE IN CLOSING STOCK OF NAT URAL GAS. 2. ON THE FACTS AND IN THE CIRCUMSTANCE OF THE CASE AND IN LAW THE LD CIT(A) HAS ERRED IN DELETING THE ADDITION OF ` .2 79 366/- MADE ON ACCOUNT OF EXCESS DEPRECIATION ON COMPUTER ACCESSORI ES. 3. THE APPELLANT CRAVES LEAVE TO ADD ALTER OR AMEND AN GROUND OF APPEAL RAISED ABOVE AT THE TIME OF HEARING. THOUGH THE APPEAL IS FILED BY THE REVENUE YET THE LD AR AT THE OUTSET SUBMITTED THAT THE FIRST GROUND OF APPEAL IS COVERED I N FAVOUR OF THE ITA NO1899/DEL/2013 2 ASSESSEE BY THE ORDER OF TRIBUNAL IN ITS OWN CASE FOR ASSESSM ENT YEAR 2008-09.IN THIS RESPECT HE INVITED OUR ATTENTION TO P AGES 7 TO 9 OF PAPER BOOK WHERE A COPY OF TRIBUNAL ORDER WAS PLACED . 2. AS REGARDS SECOND GROUND OF APPEAL THE LD AR SUBMI TTED THAT THE DISPUTE RELATED TO DEPRECIATION ON COMPUTER ACCE SSORIES WHICH IS SQUARELY COVERED BY THE JUDGMENT OF HON'BLE DELHI HI GH COURT IN THE CASE OF BSES RAJDHANI POWERS LTD. IN FAVOUR OF ASSESSEE. 3. THE LD DR THOUGH CONCEDED TO THE FACTS OF THE CASE BUT RELIED UPON THE ASSESSMENT ORDER. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS OF BOTH THE PAR TIES AND HAVE GONE THROUGH THE MATERIAL AVAILABLE ON RECORD. THE ASSESSEE IS A COMPANY AND SOLE SUPPLIER OF COMPRESSED NATURAL GAS FOR SHORT CNG TO THE AUTOMOTIVE SECTOR AND PIPED NATURAL GAS PNG TO T HE DOMESTIC AND COMMERCIAL SECTORS IN NCT OF DELHI. DURING ASSESSMENT PROCEEDINGS THE ASSESSING OFFICER HAD OBSERVED THAT THERE WAS DIFFERE NCE IN RECONCILIATION OF OPENING STOCK PURCHASE & SALE AND C LOSING STOCK OF GAS ON ACCOUNT OF MEASUREMENT TOLERANCE. IT WAS FURTH ER OBSERVED BY THE ASSESSING OFFICER THAT THE COST OF GAS THUS LOST ON ACC OUNT OF MEASUREMENT TOLERANCE WORKED OUT TO ` .5.76 PER SCM. IN VIEW OF THAT THE ASSESSING OFFICER MADE AN ADDITION OF ` .9 000 8426/- BEING ` .5.76 X 15626463 SCM AND LD CIT(A) ON THE BASIS AND RELYING U PON THE ORDER RELATING TO A 2002-03 2003-04 2006-07 & 2008-09 ALL OWED THE APPEAL OF ASSESSEE BY HOLDING AS UNDER:- REGARDING THE GROUND NO.3 OF THE APPEAL I HAVE GO NE THROUGH THE SUBMISSIONS OF THE APPELLANT AND FINDINGS OF THE ASSE SSING OFFICER AND THE RELEVANT FACTS ON RECORDS. IN FIND TH AT FOR THE ASSESSMENT YEARS 2002-03 2003-04 2006-07 & 2008-09 ON THE ITA NO1899/DEL/2013 3 SAME ISSUE MY LD PREDECESSOR HAD GIVEN DECISION IN FAVOU R OF THE APPELLANT WHICH HAVE BEEN AFFIRMED B THE HON'BL E DELHI ITAT. AS THE FACTS OF THE CASE ARE IDENTICAL AND THE ISSUE ON WHICH THE ASSESSING OFFICER HAS MADE THE ADDITIONS IS ALSO THE SAME I. E. RECONCILIATION DIFFERENCE IN THE CLOSING STOCK OF NAT URAL GAS AND ALSO IN VIEW OF THE FACT THAT THE ASSESSING OFFICER HAS N OT BROUGHT ANY NEW FACTS ON RECORD TO DISPROVE THE GENUINENESS OF THE LOSS THE RECONCILIATION LOSS FOR FINANCIAL YEAR 2007-08 AS PER THE AUDITED TAX AUDIT REPORT SUBMITTED BY THE APPELLANT IS ACCEPTED. FOR THIS I RESPECTFULLY FOLLOW THE ORDER OF MY LD PRE DECESSOR FOR ASSESSMENT YEARS 2002-03 2003-04 2006-07 & 2008-09 AND ALSO ORDERS OF THE HON'BLE ITAT FOR THE SAME ASSESSMENT YE ARS. IN VIEW OF THE FACT THAT THE LD ASSESSING OFFICER HAD MADE ADDITION IN RESPECT OF RECONCILIATION LOSS IN THE CLOSING STOCK I N THE IMMEDIATELY PRECEDING FINANCIAL YEAR 2007-08 THE O PENING AND THE CLOSING STOCKS SHALL THEREFORE BE ADJUSTED TO THE EXTENT THE RECONCILIATION LOSS HAS BEEN DETERMINED CONSEQUENT UPON THE APPELLATE ORDER FOR THE ASSESSMENT YEAR 2008-09 ACCORD INGLY. WE FURTHER FIND THAT HON'BLE ITAT IN THE CASE OF ASSESSE E ITSELF IN ASSESSMENT YEAR 2008-09 VIDE ORDER DATED 4.1.2013 ON SIM ILAR GROUNDS HAS DISMISSED THE APPEAL FILED BY THE REVENUE. THEREFORE RESPECTFULLY FOLLOWING THE HON'BLE TRIBUNAL ORDER W E ALSO DISMISS GROUND NO.1 OF APPEAL. 5. AS REGARDS GROUND NO.2 WE FIND THAT THIS GROUND W AS ALSO ALLOWED BY LD CIT(A) RELYING UPON THE JUDGMENT OF B SES RAJDHANI POWERS LTD. IN I. T.A. NO.1266/DEL/2010 DECIDED BY T HE HON'BLE DELHI HIGH COURT. WE FIND THAT THE ASSESSING OFFICER HAD DISA LLOWED DEPRECIATION ON COMPUTER PERIPHERALS CLAIMED BY THE ASSESSEE @ 60% ITA NO1899/DEL/2013 4 AND HAD ALLOWED THE SAME ON RATES APPLICABLE TO OFFIC E EQUIPMENTS. HOWEVER THE CASE OF THE CASE OF THE ASSESSEE IS SQUARELY C OVERED BY THE ABOVE DECISION AND WE DO NOT SEE ANY INFIRMITY IN THE ORDER OF LD CIT(A) ON THIS GROUND ALSO. 6. IN VIEW OF THE ABOVE THE APPEAL FILED BY THE RE VENUE IS DISMISSED. 7. ORDER PRONOUNCED IN THE OPEN COURT ON 11TH DAY O F OCTOBER 2013. SD/- SD/- (RAJPAL YADAV) (T.S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DT.11.10.2013. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)- NEW DELHI. 5. THE DR ITAT LOKNAYAK BHAWAN KHAN MARKET NEW DEL HI. TRUE COPY. BY ORDER (ITAT NEW DELHI). DATE OF HEARING 3.10.2013 DATE OF DICTATION 3.10.2013 DATE OF TYPING 3.10.2013 DATE OF ORDER SIGNED BY 11.10.2013 BOTH THE MEMBERS & PRONOUNCEMENT. ITA NO1899/DEL/2013 5 DATE OF ORDER UPLOADED ON NET & SENT TO THE BENCH CONCERNED.