SHRI BD MUNDRA & SONS M/S, Kota V. ACIT, Kota

MA 13/JPR/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2335 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 07-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D C SHARMA
• Assessee Lawyers: C M BIRLA
• Keywords: Bad and doubtful debts

Judgement Text

M.A. NO. 13/JP/2014 SHRI B.D. MUNDRA & SONS VS. ACIT, CIRCLE- 1 KOTA 1 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH, JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. ME ENA) M.A. NO.13/JP/2014 (ARISING OUT OF ITA NO. 607/JP/2011 ASSESSMENT YEAR : 2007-08 SHRI B.D. MUNDRA & SONS VS. THE ACIT M/S. MUNDRA TRACTORS CIRCLE- 1 C-150, IPIA, KOTA KOTA (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI C.M. BIRLA DEPARTMENT BY: SHRI D.C. SHARMA DATE OF HEARING: 19-09-2014 DATE OF PRONOUNCEMENT: 19-09-2014 ORDER PER R.P. TOLANI, JM THE ASSESSEE HAS FILED A MISCELLANEOUS APPLICATIO N U/S 254 (2) OF THE ACT AGAINST THE ORDER OF THE TRIBUNAL DATED 28-01-2 014 FOR THE ASSESSMENT YEAR 2007-08 PRAYING AS UNDER:- 2. IN C.O. GROUND NO. 1 READS AS UNDER:- THAT UNDER THE FACTS AND CIRCUMSTANCES OF THE CAS E, LD. CIT(A) ERRED IN DIRECTING THE AO TO CONFIRM THE DIS ALLOWANCE OF BAD DEBTS RS. 38,211/- IF IT RELATES TO MARGIN MONEY PAYMENT TO TRACTOR PURCHASERS. 3. DURING APPEAL HEARING APPELLANT WERE REPRESENTED BY COUNSEL C.M. BIRLA WHO IN ADDITION TO VERBAL ARGUME NTS BEFORE HON'BLE BENCH HAD SUBMITTED WRITTEN SUBMISSION ALS O. THE RELEVANT PART OF WRITTEN SUBMISSION IN RELATION TO AFORESAID C.O. IS APPEARING IN PARA 1.13 (PAGE 4 OF WRITTEN SUBMIS SION) 4. THAT WE ARE IN RECEIPT OF ORDERS DATED 28-01-20 14 WHEREIN IT TRANSPIRES THAT AFORESAID GROUND IS NOT ADJUDICATED. M.A. NO. 13/JP/2014 SHRI B.D. MUNDRA & SONS VS. ACIT, CIRCLE- 1 KOTA 2 2.1 DURING THE COURSE OF HEARING THE LD. AR OF THE ASSESSEE PRAYED THAT GROUND NO. 1 OF C.O. FILED BY THE ASSESSEE HAS NOT BEEN ADJUDICATED UPON BY THIS BENCH. THE ASSESSEE FURTHER MADE A STATEMEN T AT BAR THAT NO APPEAL HAS BEEN FILED BEFORE THE HON'BLE HIGH COURT AGAINS T THIS ITAT ORDER (SUPRA). HENCE, THE ASSESSEE IS BEFORE THIS BENCH IN MISCELLANEOUS APPLICATION. 2.2 THE LD. DR RELIED ON THE ORDER OF THE ITAT BENC H, SUPRA. 2.3 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND FROM THE RECORD THAT G ROUND NO. 1 AS PRAYED BY THE ASSESSEE HAS NOT BEEN ADJUDICATED UPON BY THE ITAT IN THE IMPUGNED ORDER. THEREFORE, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. 3.0 IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 19-09-2014 . SD/- SD/- (T.R. MEENA) (R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR DATED: 19 TH SEP, 2014 *MISHRA COPY FORWARDED TO:- 1. SHRI B.D. MUNDRA & SONS, KOTA 2. THE ACIT, CIRCLE- , KOTA BY ORDER 3. THE LD. CIT 4. THE LD. CIT(A), JAIPUR 5..THE LD. DR 6.THE GUARD FILE (MA NO. 13/JP/2014) AR ITAT, JAI PUR M.A. NO. 13/JP/2014 SHRI B.D. MUNDRA & SONS VS. ACIT, CIRCLE- 1 KOTA 3