GOOD MORNING, MUMBAI V. ACIT 15(1), MUMBAI

ITA 6528/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2384 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 20-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 28-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Bad and doubtful debts
• Section: 37(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO 6528/MUM/2014 ASSESSMENT YEAR: 2010-11 M/S. GOOD MORNING, SHIV TIRTH, GROUND FLOOR, EAST WING, BHULABHAI DESAI ROAD, MUMBAI- 400 026. PAN:- AAEFG5016R VS. THE ACIT 15 (1), MATRU MANDIR, TARDEO ROAD, MUMBAI- 400 007. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI. MAURYA PRATAP. DATE OF HEARING: 2 0 /07/ 2016 DATE OF PRONOUNCEMENT: 29/07/20 16 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN PREFERRED BY THE APPELLAN T/ASSESSEE AGAINST ORDER DATED 15/04/2014 PASSED BY THE LD. CIT(APPEALS)-26 MUMBAI FOR THE ASST. YEAR 2010-11. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS O F APPEAL:- THE LEARNED ACIT HAS ERRED IN DISALLOWING THE FOL LOWING EXPENSES. INTEREST ON TDS & SERVICE TAX - RS. 1,16,497/- BAD DEBTS - RS. 7,84 ,985/- WORK-IN PROGRESS - RS. 66,23,08 2/- 2 ITA NO 6528/MUM/2014 ASSESSMENT YEAR: 2010-11 THE LEARNED ACIT DISALLOWED THE INTEREST EXPENSES U/S 37(1) TREATING IT IS PENALTY AND OTHER TWO EXPENSES TREAT ING THEM AS VAGUE. 3. THE CASE WAS CALLED FOR HEARING, HOWEVER, NEITHE R THE ASSESSEE NOR ANY AUTHORIZED REPRESENTATIVE ON BEHALF OF THE ASSESSEE APPEARED. REGISTRY HAS POINTED OUT THAT THE APPEAL IS BARRED BY LIMITATION . WE NOTICE THAT THE ASSESSEE HAS NOT FILED ANY APPLICATION FOR CONDONATION OF DE LAY OF 105 DAYS IN FILING THE PRESENT APPEAL, BUT HAS SUBMITTED AN AFFIDAVIT OF M R. SHASHANK CHATURVEDI PARTNER OF M/S. GOOD MORNING, STATING THEREIN THAT DUE TO UNPREDICTABLE AS WELL AS BUSY SCHEDULE OF HIS CHARTERED ACCOUNTANTS, THE APPEAL COULD NOT FILED WITHIN THE PRESCRIBED TIME LIMIT. 4. WE FIND THAT THE ASSESSEE HAS NOT GIVEN PROPER R EASON FOR DELAY IN FILING THE PRESENT APPEAL. HENCE, WE HOLD THAT THE PRESENT APP EAL IS NOT MAINTAINABLE BEING TIME BARRED. HENCE THE APPEAL IS DISMISSED IN LIMINE. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE FOR THE A.Y. 2010-11 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH JULY, 2016 SD/- SD/- ( B.R.BASKARAN ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED:29/07/2016 3 ITA NO 6528/MUM/2014 ASSESSMENT YEAR: 2010-11 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. !' , $ !'% , / DR, ITAT, MUMBAI 6. &' ( / GUARD FILE. / BY ORDER, ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI PRAMILA