Hira Moti Tex-Chem Pvt.Ltd., Ahmedabad V. The Income tax Officer,Ward-4(3), Ahmedabad

ITA 2626/AHD/2009

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 1905 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 08-03-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 22-09-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIMALENDU VERMA
• Keywords: Bad and doubtful debts
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : SMC BENCH : AHMEDABAD (BEFORE HONBLE SHR I T.K. SHARMA, J.M .) I.T.A. NO. 2626/AHD./2009 ASSESSMENT YEAR : 2006-2007 HIRA MOTI TEX-CHEM PVT. LTD., AHMEDABAD -VS - I.T.O., WARD-4(3), AHMEDABAD (PAN : AAACH 5421M) (APPELLANT) (RESPONDENT) APPELLANT BY : MRS. URVASHI SHODHAN, A.R. (WITHDRAWAL) RESPONDENT BY : SHRI VIMALENDU VERMA, D .R. O R D E R THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER DATED 06.07.2009 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-VIII, AHMEDABAD FOR THE ASSESSMENT YEAR 2006-2007. 2. AT THE TIME OF HEARING, MRS. URVASHI SHODHAN, A. R. APPEARED ON BEHALF OF THE ASSESSEE AND FILED A LETTER DATED 27/10/2010 WHEREIN IT WAS STATED THAT THE MAIN GROUND RAISED IN THIS APPEAL IS IN RESPECT OF DISALLOWANCE OF BAD DEBTS C LAIM OF RS.52,49,783/-. IN THE ASSESSMENT ORDER, THE ASSESSING OFFICER HELD THE CLAIM TO BE P RE-MATURE, SINCE THE CLAIM OF BAD DEBTS FINALIZED ON 09.10.2006 THAT WAS RELATED TO ASSESSM ENT YEAR 2007-08. IN THIS APPLICATION, IT WAS ALSO STATED THAT IN THE ASSESSMENT YEAR 2007-08, TH E ASSESSING OFFICER ALLOWED THE CLAIM OF BAD DEBTS BY PASSING THE ORDER UNDER SECTION 154 OF THE I.T. ACT, 1961. IN VIEW OF THIS, SHE ACCORDINGLY CONTENDED THAT THE ASSESSEE BE PERMITTE D TO WITHDRAW THIS APPEAL. SHRI VIMALENDU VERMA, D.R., APPEARED ON BEHALF OF THE REVENUE AND SUBMITTED THAT THIS, BEING THE ASSESSEES APPEAL, HE HAS THE LIBERTY TO WITHDRAW THE SAME. 2 ITA NO. 2626-AHD-2009 3. IN VIEW OF THE ABOVE, THE REQUEST OF THE ASSESSE E TO WITHDRAW THE APPEAL IS ACCEPTED AND HENCE, THE APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 08 .03.2011. SD/- (T.K. SHARMA) JUDICIAL MEMBER DATED : 08 /03/2011 COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE 2) THE DEPARTMENT. 3) CIT(A.) CONCERNED, 4) CIT CONCERNED, 5) D.R., ITAT, AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGI STRAR, ITAT, AHMEDABAD TALUKDAR/SR.P.S.