ADIT (E), New Delhi V. WAFD Mahila Swavalambini Trust, New Delhi

ITA 2129/DEL/2012

• Counselvise Citation: 212920114 RSA 2012
• Duration Of Justice: 3 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 04-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 04-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J P CHANDREKAR
• Keywords: Business income; Bad and doubtful debts
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH H HH H : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT AND PRESIDENT AND PRESIDENT AND PRESIDENT AND SHRI SHRI SHRI SHRI J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY, , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 2129/DEL/2012 2129/DEL/2012 2129/DEL/2012 2129/DEL/2012 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2008 2008 2008 2008 - -- - 09 0909 09 ASSISTANT DIRECTOR OF INCOME ASSISTANT DIRECTOR OF INCOME ASSISTANT DIRECTOR OF INCOME ASSISTANT DIRECTOR OF INCOME TAX (E), TAX (E), TAX (E), TAX (E), TRUST CIRCLE TRUST CIRCLE TRUST CIRCLE TRUST CIRCLE- -- -I II IV, V, V, V, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. M/S WAFD MAHILA SWAVALAMBINI M/S WAFD MAHILA SWAVALAMBINI M/S WAFD MAHILA SWAVALAMBINI M/S WAFD MAHILA SWAVALAMBINI TRUST, TRUST, TRUST, TRUST, 3 33 3 RD RDRD RD FLOOR, ST. SOLDIER TOWER, FLOOR, ST. SOLDIER TOWER, FLOOR, ST. SOLDIER TOWER, FLOOR, ST. SOLDIER TOWER, VIKASPURI, VIKASPURI, VIKASPURI, VIKASPURI, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 018. 110 018. 110 018. 110 018. PAN : AAATW1200A. PAN : AAATW1200A. PAN : AAATW1200A. PAN : AAATW1200A. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI J.P. CHANDREKAR, SR.DR. RESPONDENT BY : NONE. DATE OF HEARING : 04.08.2015 04.08.2015 04.08.2015 04.08.2015 DATE OF PRONOUNCEMENT : 08.09.2015 08.09.2015 08.09.2015 08.09.2015 ORDER ORDER ORDER ORDER PER G.C. GUPTA PER G.C. GUPTA PER G.C. GUPTA PER G.C. GUPTA, VP , VP , VP , VP : :: : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2008-09 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXI, N EW DELHI DATED 28 TH FEBRUARY, 2012. 2. AT THE TIME OF HEARING BEFORE US, NONE APPEARED ON BEHALF OF THE ASSESSEE-RESPONDENT AND, ACCORDINGLY, THE APPEAL OF THE REVENUE IS BEING DECIDED EX-PARTE QUA THE ASSESSEE AFTER HEARI NG THE ARGUMENTS OF LEARNED DR. 3. THE GROUNDS OF APPEAL OF THE REVENUE ARE AS UNDE R:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD.CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.8,60,976/- MADE ON A/C OF UNEXPLAINED CASH CR EDIT U/S 68 OF THE ACT, AS THE ASSESSEE COULD NOT PRODUCE TH E CONFIRMATIONS OF UNSECURED LOAN BEFORE THE AO. THE ITA-2129/DEL/2012 2 CONFIRMATIONS PRODUCED BEFORE LD.CIT(A) AS ADDITION AL EVIDENCE UNDER RULE 46A ARE NOT ACCEPTABLE AS THE S AME WERE NOT EXAMINED NEITHER BY AO NOR BY LD.CIT(A). 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD.CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.3,33,823/- MADE ON A/C OF BAD DEBTS WRITE OFF , AS THE ASSESSEE HAD NOT MADE ANY EFFORTS FOR RECOVERY OF B AD DEBTS AND THE CASE RELIED UPON BY LD.CIT(A) IS A BU SINESS CONCERN WHEREAS ASSESSEE IS A CHARITABLE CONCERN AN D IT HAS NOT SHOWN ANY BUSINESS INCOME. 4. AT THE OUTSET, IT WAS FOUND THAT THE DISPUTED TA X EFFECT IN THIS CASE IS LESS THAN `4 LAKHS, THE STATUTORY MONETARY LIMIT FIXED BY THE CBDT FOR PREFERRING AN APPEAL TO THE TRIBUNAL. IN THESE FACTS AND SINCE THE DISPUTED TAX AMOUNT IN THIS CASE IS LESS THAN ` 4 LAKHS, THE MONETARY LIMIT FIXED BY THE CBDT FOR PREFERRING AN APPEAL BEFORE THE TRIBUNAL, WE HOLD THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE IS NOT MAINTAINABLE AND, IS ACCORDINGLY, DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 8 TH SEPTEMBER, 2015. SD/- SD/- ( (( ( J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY ) )) ) (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT DIRECTOR OF INCOME TAX (E), ASSISTANT DIRECTOR OF INCOME TAX (E), ASSISTANT DIRECTOR OF INCOME TAX (E), ASSISTANT DIRECTOR OF INCOME TAX (E), TRUST CIRCLE TRUST CIRCLE TRUST CIRCLE TRUST CIRCLE- -- -IV, NEW DELHI. IV, NEW DELHI. IV, NEW DELHI. IV, NEW DELHI. 2. RESPONDENT : M/S WAFD MAHILA SWAVALAMBINI TRUST, M/S WAFD MAHILA SWAVALAMBINI TRUST, M/S WAFD MAHILA SWAVALAMBINI TRUST, M/S WAFD MAHILA SWAVALAMBINI TRUST, 3 33 3 RD RDRD RD FLOOR, ST. SOLDIER TOWER, FLOOR, ST. SOLDIER TOWER, FLOOR, ST. SOLDIER TOWER, FLOOR, ST. SOLDIER TOWER, VIKASPURI, NEW DELHI VIKASPURI, NEW DELHI VIKASPURI, NEW DELHI VIKASPURI, NEW DELHI 110 018. 110 018. 110 018. 110 018. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR