Smt. Harkanya Devi, PALI V. ITO, NAGAUR

ITA 584/JODH/2009

• Counselvise Citation: 58423314 RSA 2009
• Duration Of Justice: 2 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 30-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 17-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Bad and doubtful debts

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR (BEFORE SHRI R.K. GUPTA AND SHRI .N.L. KALR A ) ITA NO.584/JU/2009 ASSESSMENT YEAR : 2006-07 PAN: AAWPA 6772 D SMT HARKANYA DEVI AGARWAL VS. THE ITO C/O SHRI ASHOK SHARMA, CA WARD- 1 NAGAUR 24, VARDHMAN MARKET, PALI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ASHOK KUMAR DEPARTMENT BY: SHRI MAHESH KUMAR DATE OF HEARING: 30-11-2011 DATE OF PRONOUNCEMENT: 09-12-2011 ORDER PER N.L. KALRA, AM:- THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD.CIT(A), JODHPUR DATED 7-09- 2009 FOR THE ASSESSMENT YEAR 2006-07. 2.1 THE SOLITARY GRIEVANCE OF THE ASSESSEE IS THAT THE LD.CIT(A) HAS ERRED IN DISALLOWING A CLAIM OF BAD DEBTS OF RS. 2,88,338/-. 2.2 WE HAVE HEARD BOTH THE PARTIES. IN THE STATEMEN T OF FACTS, THE ASSESSEE HAS MENTIONED THAT BAD DEBTS WERE WRITTEN OFF IN THE BO OKS OF ACCOUNTS DURING THE PREVIOUS YEAR RELEVANT TO ASSESSMENT YEAR UNDER CONSIDERATIO N. THIS FACT WAS PLACED BEFORE THE AO AND IT IS MENTIONED AT PAGE 3 OF THE ASSESSMENT OR DER. THE HON'BLE APEX COURT IN THE CASE OF TRF LTD. VS CIT, 323 ITR 397 HELD THAT AFT ER 01-04-1989, IT IS NOT NECESSARY FOR THE ASSESSEE TO ESTABLISH THAT DEBT HAS BECOME IRRE COVERABLE. IT IS ENOUGH IF BAD DEBT IS WRITTEN OFF AS IRRECOVERABLE IN THE BOOKS OF ACCOUN T OF THE ASSESSEE. IN VIEW OF THE 2 DECISION OF HON'BLE APEX COURT IN THE CASE OF TRF LTD. VS CIT (SUPRA), THE ASSESSEE IS ENTITLED FOR THE CLAIM OF BAD DEBTS OF RS. 2,88,338 /-. 3.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 09- 12-2011 SD/- SD/- (R.K. GUPTA) (N.L. KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR DATED: 09/12/2011 MISHRA COPY TO: 1. SMT. HARKANYA DEVI AGARWAL 2. THE ITO, WARD- 1, NAGAUR 3.THE LD. CIT (A) BY ORDER 4.THE CIT 5.THE D/R 6.THE GUARD FILE (ITA NO. 584/JU/09) A.R.. ITAT: JAIPUR