Guruji Shree Sandipani Education Foundation v. The Assistant Commissioner of Income-tax, Circle–5, Baroda
[Citation -2016-LL-1014-21]

Citation 2016-LL-1014-21
Appellant Name Guruji Shree Sandipani Education Foundation
Respondent Name The Assistant Commissioner of Income-tax, Circle–5, Baroda
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 14/10/2016
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags disallowance of depreciation • regular assessment • rental income
Bot Summary: The assessee sole substantive ground pleads that the CIT(A) has erred in upholding Assessing Officer s action in imposing Section 271(1)(c) penalty on account of disallowance of depreciation of Rs.6,06,230/- made in the course of regular assessment framed on 24.11.2008. Ld. counsel thereafter produces before us hon ble jurisdictional high court judgment in assessee s own case in Tax Appeal No.601/2013 decided on 12.08.2016 allowing its case challenging identical penalty in the immediate preceding assessment year as pertaining to the very issue. Ld. counsel states that there is no dispute about the fact that all authorities up to this tribunal has imposed the very penalty in earlier assessment year qua this issue. Ld. Departmental Representative does not rebut this factual position. It has come on record that hon ble jurisdictional high court in assessees tax appeal itself has deleted identical penalty on depreciation claim in preceding assessment year. We accordingly ITA No.1102/Ahd/2013 A.Y. 2006-07 -3- follow hon ble jurisdictional high court s decision hereinabove to delete the impugned penalty. Pronounced in the open Court on this the 14th day of October, 2016.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER. ITA. No. 1102/Ahd/2013 (Assessment Year:2006-07) Guruji Shree Sandipani Education Foundation C/o. American School of Baroda, At & P.O. Sayajipura, Ajwa-Nimeta Road, Vadodara Appellant Vs. Assistant Commissioner of Income-tax, Circle 5, Baroda Respondent PAN: AAJFM2724N By Assessee : Shri Manish J. Shah, A.R. By Revenue : Shri Prasoon Kabra, Sr.D.R. Date of Hearing : 15.09.2016 Date of Pronouncement : 14.10.2016 ORDER PER S. S. GODARA, JUDICIAL MEMBER This assessees appeal for assessment year 2006-07 arises against CIT(A)-V, Baroda s order dated 19.03.2013 passed ITA No.1102/Ahd/2013 (Guruji Shree Sandipani Education Foundation vs. AC IT) A.Y. 2006-07 -2- in case no. CAB/(A)V/12/11-12, in proceedings u/s.271(1)(c) of Income Tax Act; in short Act . We have heard both parties. Case file perused. 2. assessee sole substantive ground pleads that CIT(A) has erred in upholding Assessing Officer s action in imposing Section 271(1)(c) penalty on account of disallowance of depreciation of Rs.6,06,230/- made in course of regular assessment framed on 24.11.2008. Ld. counsel representing assessee invites our attention to CIT(A) s order page 34 dealing with impugned penalty on deduction claimed @ 30% from rental income as followed by its depreciation claim. Ld. counsel thereafter produces before us hon ble jurisdictional high court judgment in assessee s own case in Tax Appeal No.601/2013 decided on 12.08.2016 allowing its case challenging identical penalty in immediate preceding assessment year as pertaining to very issue. Ld. counsel states that there is no dispute about fact that all authorities up to this tribunal has imposed very penalty in earlier assessment year qua this issue. Ld. Departmental Representative does not rebut this factual position. 3. We have heard rival submissions. It has come on record that hon ble jurisdictional high court in assessees tax appeal itself has deleted identical penalty on depreciation claim in preceding assessment year. There is no distinction on facts or law being pointed out at Revenue s behest. We accordingly ITA No.1102/Ahd/2013 (Guruji Shree Sandipani Education Foundation vs. AC IT) A.Y. 2006-07 -3- follow hon ble jurisdictional high court s decision hereinabove to delete impugned penalty. 4. This assessees appeal is allowed. [Pronounced in open Court on this 14th day of October, 2016.] Sd/- Sd/- (MANISH BORAD) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 14/10/2016 True Copy S.K.SINHA Copy of Order Forwarded to:- 1. Revenue 2. Assessee 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order Guruji Shree Sandipani Education Foundation v. Assistant Commissioner of Income-tax, Circle–5, Baroda
Report Error