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Income Tax Officer 8(2)(3),R.No. 213,Aayakar Bhavan,M.K. Road,Mumbai 400 020. VS. Nutech Corporate Services P. Ltd.,(Formerly known as IIT Capital Services Ltd.,) Rajabahadur Mansion,2nd Floor,28, B.S. Marg,Mumbai 400 001.
July, 07th 2012
           IN THE INCOME TAX APPELLATE TRIBUNAL
                MUMBAI BENCHES "B" MUMBAI

        BEFORE SHRI B.R. MITTAL, JUDICIAL MEMBER

                                 AND

           SHRI RAJENDRA, ACCOUNTANT MEMBER

                        ITA No. 2769/Mum/2009
                        Assessment Year 2005-06

  Income Tax Officer 8(2)(3),           Nutech Corporate Services
  R.No. 213,                            P. Ltd.,
  Aayakar Bhavan,                       (Formerly known as IIT
  M.K. Road,                      Vs.   Capital Services Ltd.,)
  Mumbai ­ 400 020.                     Rajabahadur Mansion,
                                        2nd Floor,
                                        28, B.S. Marg,
                                        Mumbai ­ 400 001.

                                        PAN: AAACI 3356 A

         (Appellant )                       (Respondent)



           Revenue by               :     Shri P.K.B. Menon
           Assessee by              :     NONE


           Date of hearing          :     28-06-2012

           Date of pronouncement :        04-07-2012





                                ORDER

PER RAJENDRA, A.M.

   Following Grounds of Appeal were filed by the Appellant against
the order dated 03-02-2009 of the CIT(A)-VIII, Mumbai:

      "On the facts and in the circumstances of the case and in law,
     the learned CIT(A) erred in allowing the claim of depreciation of
     Rs.64,15,914/- on leasing of assets claimed by the assessee
     without appreciating the facts of the case.
                                   2                     ITA No. 2769/Mum/2009
                                                 Nutech Corporate Services P. Ltd.,




      The appellant prays that the order of the CIT(A) on the above
      ground to be set aside and that of the ITO/AC/DCJT be restored.


      The appellant craves leave to amend or alter any grounds or add
      a new ground which may be necessary."



2.       On 28-06-2012, when case was called for hearing nobody
appeared on behalf of the respondent company. DR relying upon the
order of the Assessing Officer (AO) submitted that depreciation allowed
by the First Appellate Authority (FAA) was not as per the provisions of
law.



3.     During the assessment proceedings AO found that the assessee
company had earned income from leasing, hire purchase, merchant
banking and other financial activities and the lease rentals reflected in
the P&L Account related to assets purchased and leased out in the
earlier years. He asked the assessee to explain as to why the claim for
depreciation should not be disallowed. After considering the reply of
the assessee,he disallowed the assessee's claim for depreciation on
leased assets amounting to Rs. 64,15,9141/-, on the basis of findings
in the past.



4.     Assessee preferred an appeal before the FAA. After considering
the orders of his predecessor for earlier period he restored the matter
to the file of the AO observing as under :



    "Since  there is no change in the facts of the case and the legal
    position, I have no reason to differ from the decision of my
    predecessor. Keeping in view all these facts and circumstances, the
    Assessing Officer is directed to re compute the claim of depreciation
    by following the direction given above in the appellate order for A.Y
    1999-2000. This ground is adjudicated accordingly."



5.     From the above order of the FAA it is clear that FAA had               not
`allowed the claim of depreciation on leasing of assets claimed by            the
assessee'as mentioned in Ground No.1 of the appeal memo. As                   the
ground is not arising out of the order of the FAA, we dismiss                 the
                                    3                     ITA No. 2769/Mum/2009
                                                  Nutech Corporate Services P. Ltd.,





appeal filed by the AO. He will be free to file fresh appeal, if he desires
to do so.

    Appeal filed by the AO stands rejected.


    Order pronounced in the open court on 4th July, 2012



           Sd/-                                             Sd/-
    (B.R. MITTAL)                                  (RAJENDRA)
  JUDICIAL MEMBER                              ACCOUNTANT MEMBER


Mumbai,
Date 4th July, 2012


TNMM

Copy to:

     1. Assessee
     2. Respondent
     3. The concerned CIT (A)
     4. The concerned CIT
     5. DR "B" Bench, ITAT, Mumbai
     6. Guard File
      (True copy)

                                          By Order



                                      Asst. Registrar,
                                Income Tax Appellate Tribunal,
                                  Mumbai Benches, Mumbai
 
 
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