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Steel Authority of India Ltd., GM (Taxation), 4th floor, Ispat Bhavan, Lodi Road, New Delhi 110003 VS. Addl. CIT, Range 9, CR Building, New Delhi
November, 10th 2014
                                                          ITA NO. 3057/Del/2013


                IN THE INCOME TAX APPELLATE TRIBUNAL
                      DELHI BENCH "G", NEW DELHI
             BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER
                                  AND
                SHRI T.S. KAPOOR, ACCOUNTANT MEMBER


                         I.T.A. No. 3057/DEL/2013
                                A.Y. : 2008-09
Steel Authority of               VS.                 Addl. CIT,
India Ltd.,                                          Range 9,
GM (Taxation), 4th                                   CR Building,
floor, Ispat Bhavan,                                 New Delhi
Lodi Road,
New Delhi ­ 110003
(PAN: AAACS7062F)
(APPELLANT)                                          (RESPONDENT)

         Assessee by                   :    Sh. PN Shastri, CA & Sh. MP
                                            Rastogi, Adv.
        Department by                  :    Sh. Ramesh Chandra, CIT(DR)


                      Date of Hearing : 03-11-2014
                      Date of Order        : 03-11-2014
                             ORDER
PER H.S. SIDHU : JM
     This appeal by the Assessee is directed against the order of

the Ld. Commissioner of Income Tax (Appeals)-XII, New Delhi dated

15.3.2013 pertaining to assessment years 2008-09.





2.   The grounds raised in the appeal read as under:-


          "1.    That CIT(A) has erred in confirming the disallowance

                 of pro rata depreciation of Rs. 5049.10 lakhs on




                                      1
                                                     ITA NO. 3057/Del/2013


                account of downward Revaluation of Assets [by

                reduction] in A.T. 2000-01.


           2.   That the appellant seeks lave to add, amend, alter,

                abandon or substitute any of the above grounds at

                the time of hearing of appeal."


3.    The facts of the case are not in dispute by both the parties,
therefore, need not repeated here for the sake of convenience.

4.    At the time of hearing Ld. Counsel of the assessee stated that
the issue in dispute has      already been adjudicated and decided
against the assessee in assessee's own case by the ITAT, Delhi
Benches for the asstt. year 2000-01, 2001-02 and 2002-03 vide
order dated 25.6.2009 passed in ITA No. 2782/Del/2004 & Ors. as
well as in subsequent years and, therefore, he requested that this
appeal may be disposed off accordingly.

4.1   Ld. Departmental Representative did not have any objection
on this proposition of the Ld. Counsel of the assessee.

5.    We have heard both the      counsel and perused the material
available on record especially the orders of the revenue authorities
as well as the grounds raised by the assessee alongwith order dated
25.6.2009 of the ITAT, Delhi Benches passed       in assessee's own
case for the asstt. year 2000-01, 2001-02 and 2002-03 in ITA No.
2782/Del/2004 & Ors. We find that at the time of hearing both the
counsels have agreed that the issue involved in the present appeal
is covered against the assesee by the aforesaid Tribunal's decision.
Therefore, respectfully following the precedent as above, we dismiss
the appeal of the Assessee.





                                   2
                                              ITA NO. 3057/Del/2013


6.    In the result, the Appeal filed by the Assessee stands
dismissed.

      Order pronounced in the Open Court on 03/11/2014, upon
conclusion of hearing.

      Sd/-                                      Sd/-

[T.S. KAPOOR]                              [H.S. SIDHU]
ACCOUNTANT MEMBER                       JUDICIAL MEMBER

Date 03/11/2014
"SRBHATNAGAR"
Copy forwarded to: -
1.    Appellant -
2.    Respondent -
3.    CIT
4.    CIT (A)
5.    DR, ITAT


                         TRUE COPY
                                           By Order,




                                          Assistant Registrar,
                                          ITAT, Delhi Benches




                              3
    ITA NO. 3057/Del/2013




4

 
 
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