ALLIED AVIATION P. LTD, MUMBAI V. DCIT CEN CIR 13, MUMBAI

ITA 3099/MUM/2010

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9256 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 12-02-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 21-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHRI PAVAN KUMA
• Keywords: Principle of natural justice; Bad and doubtful debts

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN (AM) AND VIVEK VARMA, (JM) .. , , ./ I.T.A. NO.3099/MUM/2010 ( / ASSESSMENT YEAR : 2004-05 ) ALLIED AVIATION PVT. LTD., 60, ADARSH INDUSTRIAL ESTATE, SAHAR ROAD, ANDHERI (E), MUMBAI-400099 / VS. ASSTT. COMMISSIONER OF INCOME TAX 8(1),(ORIGINAL ORDER PASSED BY DCIT, CC 13, MUMBAI) AAYAKAR BHAVAN, M K ROAD, MUMBAI-400020 ( ! / APPELLANT) .. ( '# ! / RESPONDENT) ./ $ ./PAN/GIR NO. :AAACA4848H ! % /APPELLANT BY : SHRI MADHUR AGARWAL '# ! & % /RESPONDENT BY: SHRI PAVAN KUMAR BIRLA ' ( & )* / DATE OF HEARING : 12.2.2015 +, & )* /DATE OF PRONOUNCEMENT : 12.2.2015 / O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DATED 12.2.2010 PASSED BY LD CIT(A)-16, MUMBAI AND IT REL ATES TO THE ASSESSMENT YEAR 2004-05. 2. ALL THE GROUNDS URGED BY THE ASSESSEE RELATE TO A SINGLE ISSUE, VIZ., DISALLOWANCE OF DEDUCTION CLAIMED AS BAD DEBTS. 3. THE LD.COUNSEL APPEARING FOR THE ASSESSEE SUBMIT TED THAT THE ASSESSEE COULD NOT FURNISH THE RELEVANT DOCUMENTS W HICH WERE NECESSARY I.T.A. NO.3099/MUM/2010 2 TO SUBSTANTIATE THE CLAIM OF BAD DEBTS AND HENCE, T HE AO HAS MADE IMPUGNED DISALLOWANCE AND THE SAME WAS ALSO CONFIRM ED BY THE LD. CIT(A). 4. THE LD.COUNSEL SUBMITTED THAT THE AO HAS MADE AN IDENTICAL DISALLOWANCE IN THE SUCCEEDING YEAR AND THE SAME HA S BEEN DELETED BY THE LD. CIT(A) IN THE APPEAL FILED BY THE ASSESSEE. 5. THE LD. COUNSEL SUBMITTED THAT THE ASSESSEE IS N OW IN POSSESSION OF THE DETAILS WITH REGARD TO THE CLAIM OF BAD DEBTS M ADE DURING THE YEAR UNDER CONSIDERATION AND ACCORDINGLY PRAYED THAT THE ASSESSEE MAY BE GIVEN ONE MORE OPPORTUNITY FOR PRESENTING THEM TO T HE AO IN SUPPORT OF THE SAID CLAIM. 6. THE LD. DR DID NOT OBJECT TO THE REQUEST PUT FOR TH BY THE LD. AR. 7. HAVING REGARD TO THE SUBMISSIONS MADE BY THE LD. AR, IN THE INTEREST OF NATURAL JUSTICE, WE ARE OF THE VIEW THAT THE ASS ESSEE SHOULD BE GIVEN ONE MORE OPPORTUNITY TO SUBSTANTIATE THE CLAIM OF B AD DEBTS. ACCORDINGLY WE SET ASIDE THE ORDER OF LD.CIT(A) ON THIS ISSUE A ND RESTORE THE SAME TO THE FILE OF THE AO WITH A DIRECTION TO EXAMINE THE ISSUE AFRESH BY DULY CONSIDERING THE INFORMATION AND EXPLANATIONS THAT M AY BE FURNISHED BY THE ASSESSEE. I.T.A. NO.3099/MUM/2010 3 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 12 TH DAY OF FEB, 2015 IN THE PRESENCE OF THE PARTIES. +, ' - . / 12TH FEB,2015 , & 0( 1 SD SD ( / VIVEK VARMA) ( . . / B.R. BASKARAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER ' ( MUMBAI: 12TH FEB,2015. . . ./ SRL , SR. PS !'#$ %$&' / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '# ! / THE RESPONDENT. 3. ' 3) ( ) / THE CIT(A)- CONCERNED 4. ' 3) / CIT CONCERNED 5. 40 ') 5 , * 5 , ' ( / DR, ITAT, MUMBAI CONCERNED 6. 06 7( / GUARD FILE. 8 ' / BY ORDER, TRUE COPY 9 (ASSTT. REGISTRAR) * 5 , ' ( /ITAT, MUMBAI