M/s Associated Printers, Chandigarh V. ITO, Chandigarh

ITA 619/CHANDI/2012

• Counselvise Citation: 61921514 RSA 2012
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 04-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N K SAINI
• Assessee Lawyers: S K MUKHI; SHAMAN JAIN
• Keywords: Bonafide belief; Period of limitation; Bad and doubtful debts; Time period of passing order
• Section: 143(3); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES SMC CHANDIGARH BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT ITA NO. 619/CHD/2012 ASSESSMENT YEAR: 2007-08 M/S ASSOCIATED PRINTERS, VS THE ITO, WARD-2(1), CHANDIGARH CHANDIGARH PAN NO. AAGFA1794F (APPELLANT) (RESPONDENT) APPELLANT BY : S/SHRI S.K. MUKHI & SHAMAN JAIN RESPONDENT BY : SHRI N.K. SAINI DATE OF HEARING : 09.07.2012 DATE OF PRONOUNCEMENT : 09.07.2012 ORDER PER H.L.KARWA, VP THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF CIT(A), CHANDIGARH DATED 1.3.2012 RELATING TO ASSES SMENT YEAR 2007-08. 2. IN THIS APPEAL, THE ASSESSEE HAS TAKEN THE FOLLO WING GROUNDS:- 1. THAT THE LD. CIT (A) IS NOT JUSTIFIED IN CONSIDE RING THE CONSOLIDATED APPEAL FILED AGAINST THE ORDER U/S 143 (3) & 154 OF THE INCOME TAX ACT, 1961 AS APPEAL AGAINST T HE ORDER U/S 154 ONLY. 2. THAT THE LD. CIT (A) IS NOT JUSTIFIED IN HOLDING THE 2 CONSOLIDATED APPEAL FILED AGAINST THE ORDER U/S 143 (3) & 154 OF THE INCOME TAX ACT, 1961 AS APPEAL AGAINST T HE ORDER U/S 154 ONLY AND FURTHER HOLDING THE APPEAL U /S 143(3) BEING BEYOND LIMITATION PERIOD. 3. THAT THE LD. CIT (A) IS NOT JUSTIFIED IN HOLDING THE CONSOLIDATED APPEAL FILED AGAINST THE ORDER U/S 143 (3) & 154 OF THE INCOME TAX ACT, 1961 AS APPEAL AGAINST T HE ORDER U/S 154 ONLY AND THEREBY NOT DISPOSING OFF GR OUND OF APPEAL NO. 2 BEING THE GRIEVANCE OF THE APPELLANT A GAINST THE DISALLOWANCE OF THE BAD DEBTS OF RS 1,21,683/- WHICH IS BAD IN LAW, PERVERSE AND ILLEGAL. 4. THAT THE LD. CIT (A) IS NOT JUSTIFIED IN HOLDING THE CONSOLIDATED APPEAL FILED AGAINST THE ORDER U/S 143 (3) & 154 OF THE INCOME TAX ACT, 1961 AS APPEAL AGAINST T HE ORDER U/S 154 ONLY AND THEREBY NOT DISPOSING OFF GR OUND OF APPEAL NO.2 BEING THE GRIEVANCE OF THE APPELLANT AG AINST THE DISALLOWANCE OF THE BAD DEBTS OF RS 1,21,683/- WHICH IS BAD IN LAW, PERVERSE AND ILLEGAL AND BEING MISTAKE ON THE PART OF THE COUNSEL SINCE CONSOLIDATED APPEAL HAVIN G FILED ON HIS ADVICE THOUGH UNDER HIS BONAFIDE BELIEF TH AT THE SCRUTINY ASSESSMENT ORDER U/S143(3) MERGES WITH ORD ER U/S 154 OF THE INCOME TAX ACT, 1961. THUS NEEDS INTERVE NTION OF THIS HON'BLE BENCH. 5. THAT WITHOUT PREJUDICE TO ABOVE THE APPELLANT DI SPUTES THE VERY FINDINGS OF THE ID. CIT (A) WITHOUT APPRECIATING THE FACTS AND CIRCUMSTANCES, EVIDENCES ON R ECORD WHICH IS ALSO AGAINST THE PRINCIPLES OF NAT URAL JUSTICE. 6. THAT THE APPELLANT CRAVES LEAVE TO ADD, AMEND AN D DELETE ANY OF THE GROUNDS OF APPEAL ON OR BEFORE THE DISPO SAL OF THE PRESENT APPEAL. 3. S/SHRI S.K. MUKHI AND SHAMAN JAIN, LD. COUNSELS FOR THE ASSESSEE VIDE THEIR APPLICATION DATED 9.7.2012 STATED AS UND ER:- BEFORE THE HON'BLE ITAT (SMC), CHD IN THE MATTER OF M/S ASSOCIATED PRINTERS VS ITO, WARD-2(1), CHANDIGARH CHANDIGARH APPEAL NO. 619/CHANDI/2012 3 SUB:- WITHDRAWAL OF APPEAL. RESPECTED SIR, I HEREWITH WITHDRAW THE ABOVE SAID APPEAL WITH A LI BERTY TO FILE A INDEPENDENT APPEAL AGAINST THE ORDERS U/S 143(3) WHICH COULD NOT BE EARLIER FILED ON THE ADVICE OF T HE THEN COUNSEL (THE UNDERSIGNED) UNDER A BONAFIDE BELIEF T HAT SINCE THE ALTERNATIVE REMEDY IN THE FORM OF APPLICA TION U/S 154 WAS PURSUED. SD/- (SHAMAN JAIN)/ S.K. MUKHI COUNSEL FOR THE APPELLANT 9/7/2012 4. AFTER HEARING THE LD. REPRESENTATIVES OF BOTH TH E PARTIES, I GRANT THE PERMISSION TO ASSESSEE TO WITHDRAW THE APPEAL. THU S, THE APPEAL STANDS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 9TH DAY OF JULY, 2012 SD/- (H.L.KARWA) VICE PRESIDENT DATED : 9 TH JULY, 2012 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR TRUE COPY BY ORDER ASSISTANT REGISTRAR 4