Addl.CIT, Special Range-3, New Delhi v. Delhi Airport Metro Express, New Delhi

ITA 6407/DEL/2017 | 2011-2012
Pronouncement Date: 16-03-2021 | Result: Dismissed

Appeal Details

RSA Number 640720114 RSA 2017
Assessee PAN AAACD8459R
Bench Delhi
Appeal Number ITA 6407/DEL/2017
Duration Of Justice 3 year(s) 4 month(s) 28 day(s)
Appellant Addl.CIT, Special Range-3, New Delhi
Respondent Delhi Airport Metro Express, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 16-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 16-03-2021
Last Hearing Date 30-04-2020
First Hearing Date 30-04-2020
Assessment Year 2011-2012
Appeal Filed On 18-10-2017
Judgment Text
1 ITA NO. 6407/DEL/2017 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI O. P. KANT ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE JUDICIAL MEMBER I.T.A. NO. 6407/DEL/2017 (A.Y 2011-12) (THROUGH VIDEO CONFERENCING) ADDL. CIT SPECIAL RANGE-3 NEW DELHI (APPELLANT) VS DELHI AIRPORT METRO EXPRESS 2 ND FLOOR C-WING MAHARAJA RANJIT SINGH MARG RELIANCE CENTRE NEW DELHI AAACD8459R (RESPONDENT) ORDER PER SUCHITRA KAMBLE JM THIS APPEAL IS FILED BY THE REVENUE AGAINST ORDER DATED 14/07/2017 PASSED BY CIT (A)-3 DELHI FOR ASSESSMENT YEAR 2011 -12. 2. THE GROUNDS OF APPEAL ARE AS UNDER:- 1. THE LD.CIT(A) ERRED IN LAW AND ON THE FACTS OF THE CASE IN DELETING THE ADDITION OF RS. 1 02 81 12 336/- AFTER ALLOWING AMO RTIZATION OF EXPENSES ON THE COST OF AIRPORT METRO EXPRESS PROJECT AT RS. 9 48 62 111/- MADE BY THE A.O ON ACCOUNT OF DISALLOWANCE OF DEPRECIATION. APPELLANT BY MS. NIDHI SRIVASTAVA CIT DR RESPONDENT BY NONE DATE OF HEARING 16.03.2021 DATE OF PRONOUNCEMENT 16.03.2021 2 ITA NO. 6407/DEL/2017 3. THE ASSESSEE COMPANY IS ENGAGED IN THE BUSINESS OF METRO RAIL OPERATION. THE ASSESSEE COMPANY E-FILED ITS RETUR N OF INCOME ON 28/09/2011 DECLARING LOSS OF RS.127 65 56 278/- WHICH WAS SUBS EQUENTLY REVISED ON 28/03/2013 DECLARING LOSS OF RS.131 11 92 502/-. T HE ASSESSMENT U/S 143(3) WAS COMPLETED AT RETURN LOSS VIDE ASSESSMENT ORDER DATED 31/12/2013. THE ASSESSEE COMPANY WAS SERVED WITH A NOTICE BY PR INCIPAL COMMISSIONER OF INCOME TAX FOR INITIATION OF REVISION PROCEEDINGS U /S 263 OF THE INCOME TAX ACT 1961 TO REVISE THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3). ORDER U/S 263 DATED 30/03/2016 WAS PASSED BY PRINCIPAL COMMISSIONER OF INCOME TAX TO SET ASIDE THE ORDER P ASSED BY THE ASSESSING OFFICER U/S 143(3) AND DIRECTED THE ASSESSING OFFI CER TO PASS FRESH ASSESSMENT ORDER AFTER AFFORDING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE ASSESSING OFFICER PASSED ORDER U/S 2 63 READ WITH SECTION 143(3) DATED 26/12/2016 AT AN ASSESSED LOSS OF RS. 28 30 80 170/- AFTER DISALLOWING CLAIM OF DEPRECIATION AMOUNTING TO RS.1 12 29 74 447/- AND INSTEAD AMORTIZED THE ENTIRE EXPENDITURE INCURRED B Y THE ASSESSEE ON ACQUISITION OF ASSETS OF AIRPORT METRO EXPRESS PROJ ECT EVENLY OVER THE PERIOD OF CONCESSIONAIRE AGREEMENT OF 30 YEARS. IN THE MEANWH ILE THE TRIBUNAL HAS QUASHED/SET ASIDE THE ORDER OF THE PRINCIPAL COMMIS SIONER OF INCOME TAX PASSED U/S 263 FOR ASSESSMENT YEAR 2011-12 VIDE ORD ER DATED 12/01/2017. 4. BEING AGGRIEVED BY THE ASSESSMENT ORDER DATED 26 /12/2016 THE ASSESSEE FILED APPEAL BEFORE THE CIT(A). THE CIT(A ) ALLOWED THE APPEAL OF THE ASSESSEE. 5. THE LD. DR SUBMITTED THAT THE CIT(A) ERRED IN LA W IN DELETING THE ADDITION OF RS.102 81 12 336/- AFTER ALLOWING AMORT IZATION OF EXPENSES ON THE COST OF AIRPORT METRO EXPRESS PROJECT AT RS.9 48 6 2 111/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF DISALLOWANCE OF DE PRECIATION. THUS THE LD. DR RELIED UPON THE ASSESSMENT ORDER. 3 ITA NO. 6407/DEL/2017 6. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING DESPITE GIVING NOTICE HENCE WE ARE TAKING THE SUBMISSIONS MADE BY THE ASSESSEE BEFORE THE CIT(A) AS SUBMISSIONS BEFORE US. 7. WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIA L AVAILABLE ON RECORD. IT IS PERTINENT TO NOTE THAT THE TRIBUNAL HAS QUASH ED THE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX PASSED U/S 263 OF THE AC T VIDE ORDER DATED 12/1/2017 IN ITA NO. 2183/DEL/2016 AND THUS THE OR DER U/S 143(3) DATED 26/12/2016 DOES NOT SURVIVE AS THIS ASSESSMENT ORDE R IS THE OFFSHOOT OF ORDER U/S 263 WAS QUASHED. HENCE THE CIT(A) HAS RIGHTLY ALLOWED THE APPEAL OF THE ASSESSEE. THERE IS NOT MERIT IN REVENUES APPEAL HENCE THE APPEAL OF THE REVENUE IS DISMISSED. 8. IN RESULT THE APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT IN PRESENCE OF L D. DR ON THIS 16 TH DAY OF MARCH 2021 SD/- SD/- (O. P. KANT) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED : 16 /03/2021 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO. 6407/DEL/2017