M/s. Advance Apparel Industries Pvt. Ltd., Indore V. The Addl CIT, Indore

MA 12/IND/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6402 (ITAT-INDORE)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-04-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 28-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRADEEP KUMAR MITRA
• Assessee Lawyers: GIRISH AGARWAL
• Keywords: Bad and doubtful debts

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : AAESCA5203E M.A.NO.12/IND/2011 (ARISING OUT OF I.T.A.NO. 421/IND/09) A.YS. : 2006-07 M/S. ADVANCE APPAREL INDUSTRIES PRIVATE LIMITED, ADDL. CIT-5, INDORE.ACIT, INDORE. VS APPLICANT RESPONDENT APPLICANT BY : SHRI GIRISH AGARWAL, C.A. RESPONDENT BY : SHRI PRADEEP KUMAR MITRA, SR. DR O R D E R PER R. C. SHARMA, A.M. THIS MISC. APPLICATION IS FILED BY THE ASSESSEE IN RESPECT OF ORDER PASSED BY THE TRIBUNAL ON 7 TH FEBRUARY, 2011. THROUGH THIS PETITION, IT WAS CONTENDED BY THE LD. AUTHORIZED REPRESENTATIVE THAT INITIAL GROUND NOS. 2 & 3 WERE NOT DISPOSED OF, THEREFORE, TO THE EXTENT OF THESE GROU NDS TO DECIDE, THE ORDER MAY BE RECALLED. -: 2: - 2 2. WE HAVE CONSIDERED RIVAL CONTENTIONS AND GONE THROUGH THE ORDER OF THE TRIBUNAL DATED 7 TH FEBRUARY, 2011, AND FOUND INITIAL GROUND NOS. 2 & 3 WERE NOT DISPOS ED OFF. THESE GROUNDS READ AS UNDER :- A. SUSTAINING THE ASSESSMENT ORDER WHICH IS CONTRARY TO THE FACTS ON RECORD AND LAW; AND B. SUSTAINING THE FOLLOWING ADDITIONS MADE BY THE LD. AO. - SALARY EXPENSES - RS. 1,38,240 - DIRECTORS REMUNERATION RS. 3,24,000 - DIRECTORS TRAVELLING RS. 77,230/- - OFFICE REPAIRS & MAINTENANCE RS. 44,790/- - RENT OF PREMISES RS. 1,00,800/- - BAD DEBTS WRITTEN OFF RS. 39,940/- - DIFFERENCE IN PARTIES ACCOUNT RS 621/- 3. NON CONSIDERATION OF ANY OF THE GROUNDS RAISED BY T HE ASSESSEE/REVENUE AMOUNTS TO MISTAKE APPARENT FROM R ECORD, THEREFORE, FOR THE LIMITED PURPOSE OF DECIDING GROU ND NOS. 2 & 3 AS STATED ABOVE, THE ORDER OF THE TRIBUNAL IS REC ALLED. -: 3: - 3 4. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE IS ALLOWED. 5. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 29 TH APRIL, 2011. SD/- SD/- (JOGINDER SINGH) ( R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 29 TH APRIL, 2011. CPU* 3.5.5