The ACIT,(OSD) Range-4, Ahmedabad V. Labh Construction And Industries Ltd., Ahmedabad

ITA 929/AHD/2011

• Counselvise Citation: [2014] 129 COUNSELVISE.COM (IT) 9968 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 18-11-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 30-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Keywords: Bad and doubtful debts

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI , ACCOUNTANT MEMBER ITA NO . 929 /AHD/20 1 1 A. Y. 200 3 - 0 4 THE ACIT(OSD) - 1, RANGE - 4, AHMEDABAD, VS LABH CONSTRUCTION & INDS. LTD., 104, SHANTNU, S.P. NAGAR, ELLISBRIDGE, AHMEDABAD. PAN: AAACL 2648G (APPELLANT) (RESPONDENT) REVENUE BY : SHRI M.K. SINGH , SR. D.R. , ASSESSEE(S) BY : SHRI SAKAR SHARMA, A.R. / DATE OF HEARING : 1 8 / 1 1 /201 4 / DATE OF PRONOUNCEMENT: 23 / 1 2 /201 4 / O R D E R PER SHRI MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER THIS IS AN A PPEAL FILED BY THE ASSESSEE ARISING FROM THE ORDER OF T HE L EARNED CIT(A) - XX , AHMEDABAD , DAT ED 12.12 .201 0 AND THE ONLY GROUND RAISED IS AS FOLLOWS: 1. THE LD. CIT(A) - VIII, AHMEDABAD, HAS ERRED IN LAW AND ON FACTS IN DELETING PENALTY OF RS.15,29,274/ - OUT RS.18,38,304/ - LEVIED BY THE AO U/S.271(1)(C), WITHOUT P ROPERLY APPRECIATING THE FACTS OF THE CASE AND THE MATERIAL BROUGHT ON RECORD BY THE ASSESSING OFFICER. 2. AT THE OUTSET, WE HAVE BEEN INFORMED THAT IN ASSESSEE S OWN CASE FOR A.Y.2003 - 04, ITAT C BENCH AHMEDABAD IN ITA NO.802/AHD/ 2008 VIDE ORDER DATED 11 TH JUNE, 2013 TITLED AS LABH CONSTRUCTION & INDUSTRIES LTD. VS ACIT, CIR - 4, AHMEDABAD THE ISSUE IN THIS RESPECT HAS BEEN RESTORED BACK TO THE FILE OF LEARNED CIT(A) IN THE FOLLOWING MANNER: ITA NO. 929 /AHD/201 1 THE ACIT(OSD) - 1, RANGE - 4, AHMEDABAD VS. LABH CONSTRUCTION & INDS. LTD. FOR A.Y. 200 3 - 0 4 - 2 - 6. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND HAVE GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE HAVE ALREADY SEEN THAT WITH REGARD TO THE ISSUE OF BAD DEBT RAISED BY THE LEARNED AR AT GROUND NO. 1 OF THE APPEAL, NO CLEAR FINDING ABOUT THE FACTS HAS BEEN GIVEN BY THE LEARNED CIT(A). IN RESPECT OF OTHER GROUNDS A LSO, RAISED BY THE ASSESSEE IN BOTH THE YEARS, THE FINDING OF THE LEARNED CIT(A) IS NOT CLEAR. IN THE APPEAL OF THE REVENUE ALSO, THE GROUND NO. 1 IS INTER CONNECTED REGARDING THE CLAIM OF BAD DEBTS WRITTEN OFF, RAISED BY THE ASSESSEE, WHICH WAS PARTLY ALLO WED BY THE LEARNED CIT(A). CONSIDERING ALL THESE FACTS, WE ARE OF OPINION THAT, IN THE FACTS OF THE PRESENT CASE, IT IS PROPER TO RESTORE ALL THE ISSUES IN BOTH YEARS FOR FRESH DECISION, AND HENCE, WE SET ASIDE THE ORDERS OF THE LEARNED CIT(A) IN BOTH YEAR S, AND RESTORE THE ENTIRE MATTER BACK TO HIS FILE FOR FRESH DECISION. HE SHOULD PASS NECESSARY ORDER, AS PER THE LAW, AFTER GIVING A CLEARING FINDING. HE SHOULD PASS A SPEAKING AND REASONED ORDER IN BOTH THE YEARS AFTER PROVIDING ADEQUATE OPPORTUNITY OF HE ARING TO BOTH THE SIDES. 7. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE AND THE REVENUE STAND ALLOWED FOR STATISTICAL PURPOSE. 3. IN VIEW OF THE ABOVE DIRECTION OF RESPECTED CO - ORDINATE BENCH, WE DEEM IT PROPER TO RESTORE THE ISSUE OF LEVY OF PENALTY AS WELL BACK TO THE STAGE OF LEARNED CIT(A) TO BE DECIDED ACCORDINGLY. PARTIES APPEARING BEFORE US HAVE ALSO SUGGESTED IN THE LIKE MANNER. RESULTANTLY, THE GROUND RAISED BY THE REVENUE MAY BE TREATED AS ALLOWED BUT FOR STATISTICAL PURPOSE TO BE DECIDED AF RESH BY LEARNED CIT(A) AS PER ABOVE DIRECTIONS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSE ONLY. SD/ - SD/ - (ANIL CHATURVEDI ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 23 / 1 2 / 20 1 4 PRABHAT KR. KESARWANI , SR. P . S . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RE SPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - III, AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD ITA NO. 929 /AHD/201 1 THE ACIT(OSD) - 1, RANGE - 4, AHMEDABAD VS. LABH CONSTRUCTION & INDS. LTD. FOR A.Y. 200 3 - 0 4 - 3 - 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD