The ACIT, Circle-8, Ahmedabad V. Unifrax India Ltd., Ahmedabad

MA 120/AHD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8858 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 25-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE SHRI G.C.GUPTA , VICE PRESIDENT AND SHRI T.R. MEENA, ACCOUNTANT MEMBER M.A. NO. 12 0 /AHD/ 201 2 ASSESSMENT YEAR : 2005-06 (ARISING OUT OF ITA NO. 353/AHD/2009) ASSESSMENT YEAR :2005-06 ACIT, RANGE-8, AHMADABAD. V/S . UNIFRAX INDIA LTD. (FORMERLY ORIENT CERLANE LTD.) 30, OMKAR HOUSE C.G. ROAD, AHMEDABAD PAN NO. AAACO2313B (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI RAJ MEHRA, SR. D.R. /BY RESPONDENT WRITTEN SUBMISSION /DATE OF HEARING 07.09.2012 /DATE OF PRONOUNCEMENT 07.09.2012 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THIS M.A. IS FILED BY THE REVENUE SEEKING AMENDME NT IN TRIBUNAL ORDER DATED 07.03.2012 IN RESPECT OF REVENUES APPE AL NO.353/AHD/2009 FOR A.Y. 2005-06. THE FACTS OF THE CASE ARE THAT THE R EVENUE FILED THE APPEAL AGAINST THE ORDER OF CIT(A)-XIV, AHMEDABAD, DATED 2 1.11.2008 IN WHICH FIVE M.A. NO.120/AHD/12, A/O ITA NO. 353/AHD/2009, A.Y. 05-06 PAGE 2 GROUNDS OF APPEAL WERE RAISED BY THE REVENUE. THE REVENUE HAS FILED MISCELLANEOUS APPLICATION NO.120/AHD/2012, THE SOLE GROUND IS AS UNDER:- HONBLE ITAT VIDE PARA 17 OF ITS ORDER IN ITA NO.353/AHD/2009(REVENUES APPEAL) DATED 07-03-12 DI SMISSED REVENUES APPEAL FOR A.Y.2005-06 ON THE ISSUE OF DI SALLOWANCE OF PROVISION OF BAD DEBT OF RS.818202/- STATING THAT T HE SIMILAR ISSUE WAS DECIDED IN FAVOUR OF THE ASSESSEE BY HON. ITAT IN A Y 2001-02 AND 2003-04 AND REVENUES APPL WAS DISMISSED BY HON. HI GH COURT. HOWEVER IN THE OPERATIVE PART OF THE JUDGMENT HON. ITAT HAS STATED THAT IN VIEW OF THE FACTS WE DO NOT FIND ANY INFIRMITY IN THE ACTION OF THE AO IN DISALLOWING THE IMPUGNED CLAIM OF THE ASSESSEE. 2. THIS BENCH HAD DECIDED IN ITA NO.203/AHD/2009(AS SESSEES APPEAL) WITH ITA NO.353/AHD/2009 (REVENUES APPEAL) FOR A.Y . 05-06 ON 07.03.2012. THERE WAS A MISTAKE IN PARAGRAPH NO.17 ON PAGE NO.8 OF THE ORDER WHICH IS REPRODUCED AS UNDER: IN VIEW OF THE FACTS WE DO NOT FIND ANY INFIRMITY IN THE ACTION OF THE AO IN DISALLOWING THE IMPUGNED CLAIM OF THE ASSESSE E. 3. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH TH E ABOVE ORDER. THE GROUND OF APPEAL WAS AGAINST APPELLANT OF DISALLOWA NCE OF RS.8,18,202/- MADE BY THE A.O. ON ACCOUNT OF PROVISIONS OF BAD DEBT. THE LD. CIT(A) ALLOWED THE APPEAL OF THE ASSESSEE. THE REVENUE WAS IN APPEAL BEFORE US. THEREFORE, THIS IS TO BE READ AS : IN VIEW OF THE FACTS WE DO NOT FIND ANY INFIRMITY IN THE ACTION OF THE CIT(A) IN DELETING THE DISALLOWANCE OF RS.8,18,202/ -. 3. IN THE RESULT, THE M.A. OF THE REVENUE IS ALLOWE D. M.A. NO.120/AHD/12, A/O ITA NO. 353/AHD/2009, A.Y. 05-06 PAGE 3 THIS ORDER PRONOUNCED IN OPEN COURT ON 7.9.2012 SD/- SD/- (G.C.GUPTA) (T.R. MEENA) VICE PRESIDENT ACCOUN TANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ; STRENGTHEN PREPARATION & DELIVERY OF ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 07.09.2012 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE XXX 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 07.09.2012 4) DATE OF CORRECTION ,, ,, 5) DATE OF FURTHER CORRECTION XXX 6) DATE OF INITIAL SIGN BY MEMBERS 12.09.2012 7) ORDER UPLOADED ON ,, ,, 8) ORIGINAL DICTATION PAD HAS BEEN ENCLOSED IN THIS FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 12.09.2012