M/s Alliance Medicare Pvt. Ltd., Bhopal V. The ACIT 1(1), Bhopal

ITA 275/IND/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5871 (ITAT-INDORE)
• Duration Of Justice: 2 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 15-10-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 06-05-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: A K RINWA
• Keywords: Opportunity of being heard
• Section: 154

Judgement Text

ALLIANCE MEDICARE ITA 275/IND/2013 1 IN THE INCOME TAX APPELLATE TRIBUNA L SMC BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER ITA NO. 275/IND/2013 A.Y. 2007-08 ALLIANCE MEDICARE PVT. LTD. BHOPAL PAN ABBCG 2495D ::: APPELLANT VS ASSTT. COMMR.OF INCOME TAX 1(1) BHOPAL ::: RESPONDENT APPELLANT BY SHRI A.K. RINWA RESPONDENT BY SHRI R.A. VERMA DATE OF HEARING 16.12.2015 DATE OF PRONOUNCEMENT 5 .1.2016 O R D E R THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED CIT(A), BILASPUR, CAMP AT BHOPAL, DATED 25.2.2013 ON THE FOLLOWING GROUNDS :- ALLIANCE MEDICARE ITA 275/IND/2013 2 (I) THAT THE LEARNED ACIT BE HELD TO HAVE ERRED IN NOT CONSIDERING THE LOSS FOR THE CURRENT YEAR AT RS.1,72,204/- AND ALSO THE BROUGHT FORWARD LOSSES OF PREVIOUS YEARS TOTALING TO RS.1,72,931/- WHICH WERE SHOWN IN THE RETURN FILED WHILE COMPUTING THE ASSESSED INCOME. (II) THAT THE ADDITION OF RS. 5 LACS MADE U/S 41(1) OF THE IT ACT BE HELD TO BE BAD IN LAW AND ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE. THE ADDITION MADE BE QUASHED. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A LIM ITED COMPANY PROVIDING MEDICAL SERVICES. THE ASSESSEE HAS SHOWN LOSS OF RS.1,72,931/- DURING THE YEAR AND THE ASSESSING OFFICER HAS DISALLOWED THE SAME. AGGRIEVED WITH THIS ACTION OF THE ASSESSING OFFICER, THE ASSESSEE WE NT IN APPEAL BEFORE THE LEARNED CIT(A) BUT TO NO AVAIL. NOW T HE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. ALLIANCE MEDICARE ITA 275/IND/2013 3 3. DURING THE COURSE OF HEARING, THE LEARNED COUNSE L FOR THE ASSESSEE SUBMITTED THAT WHILE CALCULATING LOSS OF RS.1,72,931/- THE ASSESSING OFFICER HAS NOT GIVEN CR EDIT OF BROUGHT FORWARD LOSSES OF PREVIOUS YEAR, THEREFORE, APPLICATION U/S 154 OF THE ACT WAS FILED BEFORE THE ASSESSING OFFICER. HE, THEREFORE, PLEADED THAT IT MA Y BE ALLOWED BUT THE LEARNED DR OBJECTED TO THE SAME AND PLEADED THAT THE MATTER MAY BE SENT TO THE ASSESSING OFFICER FOR PASSING ORDER U/S 154 OF THE ACT, IF NOT ALREADY PASSED. 4. SO FAR AS GROUND NO. 2 IS CONCERNED, THE ASSESSING OFFICER MADE ADDITION OF RS.5 LACS BY INVOKING PROVIS IONS OF SECTION 41(1) OF THE ACT. THE ASSESSING OFFICER NOT ICED THAT THE ASSESSEE HAS SHOWN OUTSTANDING FROM M/S X MEDICOS SINCE 2003. THE ASSESSEE SUBMITTED BEFORE THE ASSES SING OFFICER THAT X-RAY MACHINE PURCHASED FOR RS. 5 LACS IS NOT DELIVER AND PENDING FOR WANT OF PAYMENT. THE PERFORM ANCE ALLIANCE MEDICARE ITA 275/IND/2013 4 OF THE MACHINE WAS NOT AS PER THE PROMISE GIVEN BY THE SUPPLIER. HENCE, DISPUTE IS GOING ON AND IF THE ASSES SEE MAKES THE PAYMENT, IT WILL BE RETURNED BUT THE ASSES SING OFFICER DID NOT ACCEPT THE EXPLANATION AND MADE THE ADDITION. THE ASSESSEE WENT IN APPEAL BEFORE THE LEARNE D CIT(A) WHO DISMISSED THE APPEAL. NOW THE ASSESSEE IS BEFORE THE TRIBUNAL. 5. BEFORE ME, THE LEARNED COUNSEL FOR THE ASSES SEE SUBMITTED THAT THE SUPPLIER HAS TAKEN BACK THE OLD X-RA Y MACHINE AND OLD T.V. SYSTEM FROM DR. JAYANT YADAV ON 10.4.2009 FOR RS.1,47,000/- AND CERTIFICATE IS PRODUCED TO THAT EFFECT. THUS, THE OU TSTANDING BALANCE WITH M/S X MEDICOS IS REDUCED AND, THEREFORE, NO LIABILITY EXISTS, HENCE, ADDITION U/S 41(1) WAS MADE WH ICH IS NOT CALLED FOR. HE, THEREFORE, PLEADED TO DELETE T HE ADDITION. ALLIANCE MEDICARE ITA 275/IND/2013 5 6. ON THE OTHER HAND, THE LEARNED DR SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 7. AFTER CONSIDERING THE RIVAL SUBMISSIONS, I AM OF T HE OPINION THAT THE MATTER SHOULD GO BACK TO THE FILE OF THE ASSESSING OFFICER TO VERIFY THE CLAIM OF THE ASSESSEE AFTER PROVIDING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSE E. 8. IN THE RESULT, THE ASSESSEES APPEAL OF THE ASSESSEE STANDS PARTLY ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN OPEN COURT ON 5 TH JANUARY, 2016 SD/- (D.T. GARASIA) ACCOUNTANT MEMBER 5 TH JANUARY, 2016 DN/- ALLIANCE MEDICARE ITA 275/IND/2013 6