U.P Coperative Federation Ltd., Lucknow V. Income Tax Officer, Lucknow

ITA 883/LKW/2014

• Counselvise Citation: 88323714 RSA 2014
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 24-04-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 10-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARISH GIDWANI
• Assessee Lawyers: D D CHOPRA
• Keywords: Bad and doubtful debts

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO. 883 /LKW/201 4 ASSESSMENT YEAR:20 1 0 20 11 U. P. CO OPERATIVE FEDERATION LIMITED, 32 STATION ROAD, LUCKNOW 226001 PAN:AAAAU0373P VS. INCOME TAX OFFICER, RANGE II (3), LUCKNOW (APPELLANT) (RESPONDENT) APPELLANT BY SHRI D. D. CHOPRA, ADVOCATE RESPONDENT BY SRI HARISH GIDWANI, SR. DR DATE OF HEARING 24/04/2015 DATE OF PRONOUNCEMENT 0 5 /06/2015 O R D E R PER A. K. GARODIA, A.M. T HIS IS ASSESSEE S APPEAL DIRECTED AGAINST THE ORDER OF LD. CIT(A) - II, LUCKNOW DATED 29 .0 9 .201 4 FOR A.Y. 20 1 0 20 11 . 2. THE ASSESSEE HAS RAISED AS MANY AS 9 GROUNDS BUT THE ONLY GRIEVANCE OF THE ASSESSEE IS ABOUT ADDITION MADE BY THE A.O. OF RS.36 , 74,83,434/ - IN RESPECT OF CONTRIBUTION TOWARDS GRATUITY & SUPER A NNUATION FUND AND RS.1 , 00,00,000/ - BY DISALLOWING PROVISION FOR BAD DEBTS. 3 . LEARNED AR OF THE ASSESSEE SUBMITTED THAT THIS ISSUE IS COVERED IN FAVOR OF THE ASSESSEE BY THE JUDGMENT OF HONBLE ALLAHABAD HIGH COURT FOR A. Y. 2009 10 IN ASSESSEES OWN CASE IN INCOME TAX APPEAL NO. 21 OF 2013 DATED 05.12.2013. HE SUBMITTE D A COPY OF THIS JUDGMENT. LEARNED DR OF THE REVENUE SUPPORTED THE ASSESSMENT ORDER. 2 4 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT IT IS HELD BY HONBLE ALLAHABAD HIGH COURT FORCE IN ASSESSEES OWN CASE FOR A. Y. 2009 10 THAT IT IS AN UNDISP UTED FACT THAT THE ASSESSEES ENJOYING THE BENEFIT OF SECTION 80P (2) AND THE DEDUCTION IS NOT DEPENDENT ON THE QUANTIFICATION OF CLAIM MADE BY THE ASSESSEE AND THEREFORE IF THERE IS ANY ADDITION MADE IN THE INCOME, THE DEDUCTION ALLOWABLE U/S 80P 93) ALSO INCREASES BY THE SAME AMOUNT AND AS A CONSEQUENCE, THE ADDITION BECOMES TAX NEUTRAL. 5. LEARNED DR OF THE REVENUE COULD NOT POINT OUT ANY DIFFERENCE IN FACTS. HENCE, BY RESPECTFULLY FOLLOWING THIS JUDGMENT OF HONBLE ALLAHABAD HIGH COURT FOR A. Y. 2009 10 IN ASSESSEES OWN CASE, WE DELETE THE ADDITIONS MADE BY THE A.O. AND CONFIRMED BY LEARNED CIT (A). 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 5 /0 6 /201 5 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR