SUNCITI FINANCIAL SERVICES P. LTD, MUMBAI V. ITO 2(3)2, MUMBAI

ITA 9147/MUM/2010

• Counselvise Citation: 914719914 RSA 2010
• Duration Of Justice: 2 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 23-09-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 30-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHANDARJIT SINGH
• Keywords: Bad and doubtful debts; Capital expenditure
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , , , BEFORE SHRI RAJENDRA SINGH , ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA , JUDICIAL MEMBER . / ITA NO. 9147 / MUM ./ 2010 ( / ASSESSMENT YEAR : 200 5 06 ) SUNCITI FINANCIAL SERVICES PVT. LTD. R 802, TTC INDUSTRIAL AREA THANE BELAPUR ROAD, MAHAPE NAVI MUMBAI 400 701 .. / APPELLANT V /S INCOME TAX OFFICER WARD 2(3), MUMBAI .... / RESPONDENT . / PERMANENT ACCOUNT NUMBER AADCS2423F / ASSESSEE BY : NONE / REVENUE BY : MR. CHANDARJIT SINGH / DATE OF HEARING 23 .09.2013 / DATE OF ORDER 27.09.2013 / ORDER , / PER AMIT SHUKLA , J.M. THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE , CHALLENGING THE IMPUGNED ORDER DA TED 3 RD NOVEMBER 2010, PASSED BY THE LEARNED COMMISSIONER (APPEALS) VI, MUMBAI, FOR THE QUANTUM OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ) FOR THE ASSESSMENT YEAR 200 5 06 . THE SOLE GROUND RAISED BY THE ASSESSEE IS THAT SUNCITI FINANCIAL SERVICES PVT. LTD. 2 THE LEARNED COMMISSIONER (APPEALS) ERRED IN DISALLOWING BAD DEBTS OF ` 13,46,000, TREATING THE SAME AS CAPITAL EXPENDITURE. 2. W HEN THE CASE WAS CALLED FOR HEARING, NEITHER THE ASSESSEE NOR ANY OF ITS AUTHORISED REPRESENTATIVES APPEARED BEFORE US . THERE IS NO APPLICATION SEEKING ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE COME TO A CONCLUSION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. 3. THE HON'BLE JURISDICTIONAL HIGH COURT IN M/S. CHEMIPOL V/S UNION OF INDIA & ORS., IN CENTRAL E XCISE APPEAL NO.62 OF 2009, VIDE JUDGMENT DATED 17 TH SEPTEMBER 2009, WHILE CONSIDERING THE JUDGMENTS OF HON'BLE SUPREME COURT IN CIT V/S S. CHENIAPPA MUDALIAR, AIR 1969 SC 1068, SUNDERLAL MANNALAL V/S NANDRAMDAS DWARKADAS, AIR 1958 MP 260, AND OTHER JUDGME NTS, OBSERVED AS FOLLOWS: - 6. WE CANNOT ALTOGETHER LOSE SIGHT OF THE RULE THAT EVERY COURT OR TRIBUNAL HAS AN INHERENT POWER TO DISMISS A PROCEEDING FOR NON - PROSECUTION WHEN THE PETITION / APPELLANT BEFORE IT DOES NOT WISH TO PROSECUTE THE PROCEEDING S. IN SUCH A SITUATION, UNLESS THE STATUTE CLEARLY REQUIRES THE COURT OR TRIBUNAL TO HEAR THE APPEAL / PROCEEDING AND DECIDE IT ON MERITS, IT CAN DISMISS THE APPEAL / PROCEEDING FOR. THE DELHI BENCH OF THIS TRIBUNAL IN CIT V/S M/S. MULTIPLAN INDIA PVT. L TD. [1991] 38 ITD 320 (DEL.), HAS HELD THAT IN A SIMILAR CIRCUMSTANCES, THE APPEAL MAY BE DISMISSED AS UNADMITTED. 4. APPLYING THE AFORESAID PROPOSITIONS LAID DOWN BY THE HON'BLE JURISDICTIONAL HIGH COURT AS WELL AS THE DECISION OF THE TRIBUNAL CITED SUPRA, WE TREAT THIS APPEAL AS UNADMITTED AND HOLD THE SAME AS LIABLE TO BE DISMISSED AS SUCH. 5. 5. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS DISMISSED. 2 7 TH SEPTEMBER 2013 ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 TH SEPTEMBER 2013 SD / - RAJENDRA SINGH ACCOUNTANT MEMBER SD / - AMIT SHUKLA JUDICIAL MEMBER MUMBAI, DATED : 2 7 TH SEPTEMBER 2013 SUNCITI FINANCIAL SERVICES PVT. LTD. 3 / COPY OF THE ORDER FORWARDED TO : (1) / THE ASSESSEE ; (2) / THE REVENUE; (3) ( ) / THE CIT(A ) ; (4) / THE CIT, MUMBAI CITY CONCERNED ; (5) , , / THE DR, ITAT, MUMBAI ; (6) / GUARD FILE . / TRUE COPY / BY ORDER . / PRADEEP J. CHOWDHURY / SR. PRIVATE SECRETARY / / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI