Z.G. Equipment Pvt. Ltd., Baroda V. The Income Tax Officer, Ward-4(4), Baroda

ITA 245/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7924 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 02-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Keywords: Bad and doubtful debts

Judgement Text

, . . , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD , , BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO.245/AHD/2015 ( / ASSESSMENT YEAR : 2006-07) Z.G. EQUIPMENT PVT.LTD. 613, GIDC ESTATE, MAKARPURA BARODA 390 010 / VS. THE INCOME TAX OFFICER WARD-4(4) BARODA ' ./ ./ PAN/GIR NO. : AAACA 1031 B ( '% / APPELLANT ) .. ( &''% / RESPONDENT ) '%( / APPELLANT BY : NONE &''%)( / RESPONDENT BY : SHRI V.K. SINGH, SR.DR *+), / DATE OF HEARING 21/06/2018 -./0), / DATE OF PRONOUNCEMENT 04/ 07 /2018 / O R D E R PER MS. MADHUMITA ROY - JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-III, BARODA DATED 16.02.2010 FOR THE ASSESSMENT YEAR 2006-07. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : 1. THE LEARNED CIT(APPEALS) HAS ERRED IN LAW AS WE LL AS ON FACTS BY TREATING THE PURCHASE AS BOGUS AND THUS MADE AN ADDITION OF RS.8 ,06,000/- 2. THE LEARNED CIT(APPEALS) HAS ERRED IN LAW BY DI SALLOWING THE CLAIM OF BAD DEBTS AMOUNTING TO RS.2,65,983/-. 3. THE LEARNED CIT(APPEALS) HAS ERRED IN LAW IN UP HOLDING THE ADDITION OF RS.24,500/- MADE BY ASSESSING OFFICER U/S.68 OF THE I.T.ACT, 19 61. - 2 - ITA NO.245/AHD/2015 Z.G. EQUIPMENT PVT.LTD. VS. ITO ASST.YEAR 2006-07 3. I T IS NOTICED THAT WHEN THE MATTER CAME UP FOR HEARI NG, NONE APPEARED ON BEHALF OF THE ASSESSEE-APPELLANT. PREVIOUSLY, ADJOURNMENT W AS SOUGHT FOR BY APPLICATION DATED 31.07.2017, 02.08.2017, 21.12.2017 AND 28.03.2018 B Y THE LD.COUNSEL FOR THE ASSESSEE AND MATTER WAS ADJOURNED TILL TODAY. IT IS NOTICED THAT WHEN THE MATTER CAME UP FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE-A PPELLANT DESPITE NOTICE HAVING BEEN SENT BY REGISTERED POST (AD ON RECORD). IT THUS APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PROCEED WITH THE MATTER. THE HONBLE SUPREME COURT IN THE CASE OF CIT VS. B.N. BHATTACHARGEE AND ANOTHER, 118 ITR 461(SC) OBS ERVED THAT PREFERRING AN APPEAL MEANS EFFECTIVELY PURSUING IT. HONBLE M.P. HIGH C OURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480(M.P.) DISMISS ED THE REFERENCE FILED BY THE ASSESSEE FOR NOT TAKING NECESSARY STEPS. SIMILAR V IEW IS TAKEN BY I.T.A.T., DELHI BENCH IN THE CASE OF MULTIPLAN INDIA LTD., 38 ITD 320. CONS IDERING THE ABOVE, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEA L. WE, THEREFORE, DISMISS THE APPEAL FILED BY THE ASSESSEE FOR NON-PROSECUTION. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 04/ 07 /2018 SD/- SD/- ( ) ( ) ( WASEEM AHMED ) ( MS. MADH UMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 04 / 07 /2018 2,..*,.*../ T.C. NAIR, SR. PS - 3 - ITA NO.245/AHD/2015 Z.G. EQUIPMENT PVT.LTD. VS. ITO ASST.YEAR 2006-07 !'#' / COPY OF THE ORDER FORWARDED TO : 1. '% / THE APPELLANT 2. &''% / THE RESPONDENT. 3. 34 5 / CONCERNED CIT 4. 5 ( ) / THE CIT(A)-III, BARODA 5. 89:&*4 , ,40 , 3 / DR, ITAT, AHMEDABAD 6. :;<=+ / GUARD FILE. / BY ORDER, '8& //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION ..22.6.18 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 22.6.18 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.4.7.2018 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 4.7.2018 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER