ITO 4(3)2, MUMBAI V. RELIC TECHNOLOGIES LTD, MUMBAI

ITA 2314/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 88196 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 22-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LOVE KUMAR
• Keywords: Bad and doubtful debts; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D B ENCH, MUMBAI , , , BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER ./ I.T.A. NO.2314/MUM/2013 ( / ASSESSMENT YEAR : 2009-10) INCOME TAX OFFICER WARD-4(3)(2); ROOM NO.648, 6 TH FLOOR AAYAKAR BHAVAN MUMBAI-400 020. / VS. M/S. RELIC TECHNOLOGIES LTD. 168, 16 TH FLOOR, ATLANTA BUILDING, NARIMAN POINT MUMBAI-400 021. ./ ./PAN/GIR NO. : AAACR 2925 C ( /APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI LOVE KUMAR - DR / RESPONDENT BY : SHRI NONE !' # $ / DATE OF HEARING : 28 /01/2015 %&' $ / DATE OF PRONOUNCEMENT : 28 /01/2015 ( / O R D E R PER VIJAY PAL RAO, JM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 28/01/2013 OF CIT(A) FOR THE ASSESSMENT YEAR 2009-10. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS :- '1.ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITIONS OF RS. 10,15,960/- MADE BY THE AO ON ACCOUNT OF BAD DEBTS WRITTEN OFF, INRESPECT OF BUSINESS WHI CH HAS ALREADY BEEN CLOSED. 2.ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE IMPUGNED ORDER OF THE LD.CIT(A) IS CONTRARY TO LAW AND CONSEQUENTLY MERIT S TO BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED.' 2 ITA NO.2314/MUM/13 3.THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER A NY GROUND OR ADD A NEW GROUND WHICH MAY BE NECESSARY' 2. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE RESP ONDENT WHEN THIS APPEAL WAS CALLED FOR HEARING DESPITE THE NOTICE BEING DULY SE RVED UPON THE ASSESSEE VIDE AD PLACED ON RECORD. THEREFORE, WE PROCEED TO HEAR AN D DISPOSE OFF THE APPEAL OF THE REVENUE EXPARTE. 3. WE HAVE HEARD THE LD. LD. DR AND CAREFULLY PERUS ED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AT THE OUTSET WE NOTE THAT THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER OF CIT(A) IN RESPECT OF DELETION OF THE ADDITION OF RS.10,15,960/-. THE TAX EFFECT OF THE SAID ISSUE IS LESS THAN THE LIMIT PRESCRIBED FOR FILING THE APPEAL BEFORE THIS TRIBUNAL AS PER INSTRUCTION NO.5/2014. ACCORDI NGLY THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE DUE TO LOW TAX EFFECT . 4. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 28/01/ 2015 . ( %&' ! ) *' + 28/01 /2015 ,# SD/- SD/- ( SANJAY ARORA ) ( VIJAY PAL RAO ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER !-# MUMBAI; *' DATED 28/01/2015 . ' . ./ JV, SR. PS 3 ITA NO.2314/MUM/13 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. , , !' / DR, ITAT, MUMBAI 6. #$ %' / GUARD FILE. & & & & / BY ORDER, & //TRUE COPY// ' ' ' ' / &( &( &( &( ) ) ) ) (DY./ASSTT. REGISTRAR) , !' / ITAT, MUMBAI.