Appeal details
Counselvise Citation
[2012] 122 COUNSELVISE.COM (IT) 7559 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 3 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Cross Objection
Pronouncement Date
28-09-2012
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
23-08-2012
Assessment Year
1999-2000
Appeal Filed On
08-06-2009
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE SHRI D.K.TYAGI , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER ITA NO. 1003/AHD/2009 ASSESSMENT YEAR :1999-2000 & C.O. NO.114/AHD/2009 ASSESSMENT YEAR :1999-2000 INCOME TAX OFFICER, WARD-5(3), AHMEDABAD ROYAL INFRASTRUCTURE & PROJECT PVT. LTD. AIRPORT CROSS ROADS, HANSOL, AHMEDABAD. V/S . V/S. ROYAL INFRASTRUCTURE & PROJECT PVT. LTD. AIRPORT CROSS ROADS, HANSOL, AHMEDABAD INCOME TAX OFFICER, WARD- 5(3), AHMEDABAD PAN NO. AA AC R5417M (APPELLANT) .. (RESPONDENT) BY REVENUE SHRI RAHUL KUMAR SR.D.R. /BY ASSESSEE SHRI S.N. SOPARKAR, A.R. /DATE OF HEARING 23.08.2012 /DATE OF PRONOUNCEMENT 28.09.2012 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THIS IS AN APPEAL AT THE BEHEST OF THE REVENUE AND C.O. OF THE ASSESSEE WHICH HAS EMANATED FROM THE ORDER OF CIT(A )-XI, AHMEDABAD, ORDER DATED 20.01.2009 FOR ASSESSMENT YEAR 1999-2000. TH E REVENUES APPEAL AND ASSESSEES C.O. WERE HEARD TOGETHER AND ARE BEI NG DISPOSED OF BY WAY OF THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. ITA NO. 1160/AHD/2009 ITA NO. 1003/AHD/2009 A.Y. 99-00 PAGE 2 & C.O. NO.114/AHD/2009 2. THE SOLE GROUND OF REVENUES APPEAL IS AGAINST D ELETING THE ADDITION OF RS.46,69,513/- ON ACCOUNT OF BAD DEBTS BY THE CIT(A ). THE LD. A.O. PASSED THE ORDER U/S.143(3) R.W.S. 254 OF THE INCOME TAX A CT ON 27.11.2007. THE A.O. FOUND CREDIT AS PER BANK RECORDS, STATE BANK OF IND ORE AND SOCIAL CO-OP. BANK LTD. WERE RS.9,775/- & RS.950/- RESPECTIVELY. THE ASSESSEE COULD NOT FILE THE RECONCILIATION STATEMENT BEFORE THE A.O. A T THE TIME OF ORIGINAL ASSESSMENT ORDER. THEREFORE, HE MADE THE ADDITION OF RS.6,89,963/- IN CASE OF STATE BANK OF INDORE AND RS.39,79,550/- IN CASE OF SOCIAL CO-OP. BANK LTD. (TOTAL RS.46,69,513/-) WHICH WAS DELETED BY THE CIT (A) AND REVENUE FILED THE APPEAL BEFORE THE ITAT, WHO HAS SET ASIDE THE ORDER TO THE A.O. TO RE-EXAMINE THE ISSUE AND DECIDED AFRESH. THE A.O. HAD AGAIN G IVEN REASONABLE OPPORTUNITY OF BEING HEARD TO THE APPELLANT BUT HE WAS NOT SATISFIED WITH THE EXPLANATION OF THE APPELLANT AS THE APPELLANT HAD N OT EXPLAINED THE DIFFERENCE PROPERLY BEFORE THE A.O. 3. THE ASSESSEE AGAIN FILED APPEAL BEFORE THE CIT(A ) WHO HAD ADJUDICATED THE APPEAL IN FAVOUR OF THE ASSESSEE, WHICH IS REPR ODUCED AS UNDER: 5.2 I HAVE CONSIDERED THE ASSESSMENT ORDER, THE OR DER OF THE ITAT AND THE EARLIER ORDER OF ASSESSMENT ALONG WITH THE SUBMISSIONS OF THE APPELLANT AS ABOVE. IT IS SEEN THAT IN THE ORIGINA L ASSESSMENT ORDER DATED 18-3-2007 FOR THE PRESENT YEAR IN PARA 2.1 OF THE ORDER IT WAS STATED THAT IDENTICAL ISSUE WAS RAISED IN A.Y. 1998 -99 AND THE QUESTIONS WERE RAISED FOR THAT YEAR REMAIN IN THIS YEAR ALSO. THE QUESTION RAISED AS STATED IN PARA 3 OF THE ORDER ARE SUMMARIZED AS UNDER: (I) THE NATURE OF THESE PAYMENT, (II) THE EXACT DATE OF THE PAYMENT OR (III) WHETHER THE PAYMENTS SUBSEQUENTLY RECEIVED IN CASH ETC. ITA NO. 1003/AHD/2009 A.Y. 99-00 PAGE 3 & C.O. NO.114/AHD/2009 IT IS SEEN THAT PAYMENTS ARE BY CHEQUES. IT IS SEE N THAT BY GIVING RECONCILIATION AS ABOVE, WHAT HAPPENED TO THIS PAYM ENT IS CLEARLY ESTABLISHED. EXACT DATE OF CLEARING OF CHEQUES IN SUBSEQUENT YEAR, REVERSAL OF SUCH ENTRIES IN SUBSEQUENT YEAR HAVE BE EN SPECIFICALLY EXPLAINED IN THE RECONCILIATION STATEMENT AS ALSO I N THE COPIES OF ACCOUNT OF THE RESPECTIVE PARTIES. THUS THE EXPLAN ATION IS SUPPORTED BY DOCUMENTARY EVIDENCES INCLUDING BANK STATEMENT OF T HE SUBSEQUENT YEAR. AS SUCH THE 3 QUESTIONS RAISED AS ABOVE ARE TOTALLY COMPLIED WITH AND THERE WAS NO REASON FOR HOLDING THAT THE APPELL ANT HAD FAILED TO EXPLAIN SUCH ENTRIES. AS THE ENTIRE DIFFERENCE IN THE BANK BALANCE AS PER BOOKS AND BANK BALANCE AS PER BANK STATEMENT IS ON ACCOUNT OF SUCH CHEQUES REMAINING OUTSTANDING, WHICH ARE EXPLAINED HEREIN A BOVE, THERE IS NO JUSTIFICATION FOR ADDITION MADE BY THE A.O. THEREF ORE, THE ADDITION IS ACCORDINGLY DELETED. 4. NOW THE REVENUE IS BEFORE US. IT HAS BEEN CONTE NDED BY THE LD. D.R. THAT THIS WAS BAD DEBT AND NOT EXPLAINED BY THE APP ELLANT BEFORE THE A.O. FROM THE OTHER SIDE, LD. A.R., SHRI S.N. SOPARKAR F ILED A PAPER BOOK AND RECONCILIATION OF THE BANK ACCOUNT. HE HAS DRAWN O UR ATTENTION ON EACH ITEM OF CHEQUE ISSUED AND PRESENTED BEFORE THE BANK WHIC H HAVE CLEARED AFTER MARCH 2009 AND REQUESTED TO CONFIRM THE ORDER OF TH E CIT(A). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE PAPER BOOK FILED BEFORE US. IT IS SIMPLY A RECONCILIATIO N OF THE BANK ACCOUNT WHICH HAS BEEN CLARIFIED BY THE LD. COUNSEL BEFORE US ALS O. WE HAVE VERIFIED THE CERTAIN ENTRIES AND ALSO GONE THROUGH THE CIT(A) OR DER. WE ARE OF THE CONSIDERED VIEW THAT NO INTEREFERENCE IS CALLED FOR IN THE ORDER OF THE CIT(A). ITA NO. 1003/AHD/2009 A.Y. 99-00 PAGE 4 & C.O. NO.114/AHD/2009 ACCORDINGLY, WE CONFIRM THE ORDER OF THE CIT(A) AND DISMISS THE REVENUES APPEAL. C.O. NO.114/AHD/2009 6. LD. COUNSEL FOR THE APPELLANT HAS NOT PRESSED TH E C.O. THEREFORE, THE SAME IS DISMISSED. 7. IN THE COMBINED RESULT, THE REVENUES APPEAL & A SSESSESS C.O. BOTH ARE DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 28.09.2012 SD/- SD/- ( D.K.TYAGI ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- 1. '#$ / APPELLANT 2. &'#$ / RESPONDENT 3. )*)+ ' ', / CONCERNED CIT 4. ' ',- ' / CIT (A) 5. 01'' +, ' ''' +, 34 * / DR, ITAT, AHMEDABAD 6. 167 89 / GUARD FILE. BY ORDER/ , :/3' )' ' ''' +, 34 * < STRENGTHEN PREPARATION & DELIVERY OF ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 24.09.2012 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE XXX 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 25.09.2012 4) DATE OF CORRECTION ,, ,, 5) DATE OF FURTHER CORRECTION XXX 6) DATE OF INITIAL SIGN BY MEMBERS 28.09.2012 7) ORDER UPLOADED ON ,, ,, 8) ORIGINAL DICTATION PAD HAS BEEN ENCLOSED IN THIS FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 28.09.2012 ITA NO. 1003/AHD/2009 A.Y. 99-00 PAGE 5 & C.O. NO.114/AHD/2009
