M/s. Hajee A P Bava & Company Constructions Pvt Ltd , Bangalore V. Assistant Commissioner of Income TAx Circle-3(1)(2), Bangalore

MA 169/BANG/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 8254 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 19-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Bad and doubtful debts

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN.NO.169/BANG/2018 (IN I TA NO. 2153 / BANG/2 0 1 7 ) (ASSESSMENT YEAR: 20 14 - 15 ) M/S.HAJEE A.P.BAVA & COMPANY CONSTRUCTIONS PVT. LTD. HAPBCO TOWER, #32, 9 TH MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, BENGALURU - 560104. PAN:AACCH1218C VS. PETITIONER ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 3(1)(2), BENGALURU. RESPONDENT PETITIONER BY : SHRI CHERIYAN BABY, CA. RESPONDENT BY : SHRI B.R.RAMESH, JCIT(DR) DATE OF HEARING : 20 /0 7 /2018 DATE OF PRONOUNCEMENT : 03 / 10 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS IS A MISCELLANEOUS PETITION (MP) FILED BY THE ASSESSEE - COMPANY SEEKING MODIFICATION OF THE ORDER DATED 20/04/2018 IN ITA NO.2153/BANG/2017 ON THE GROUND THAT THE TRIBUNAL REACHED THE CONCLUSION THAT THE AMOUNTS WRITTEN OFF AND CLAIMED AS BAD DEBTS ARE NOT IN THE NATURE OF DEBT WITHOUT GIVING AN OPPORTUNITY OF REBUTTAL TO THE ASSESSEE. 2. AFTER HEARING THE RIVAL SUBMISSIONS WE ARE OF THE CONSIDERED OPINION THAT THE IMPUGNED ORDER WAS PASSED CONSIDERING THE SUBMISSIONS MADE ON BEHALF OF THE ASS ESSEE - COMPANY. THE TRIBUNAL HAD NOT CONSIDERED ANY NEW MATERIAL WAR RANTING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE - COMPANY. THE CONCLUSIONS OF THE TRIBUNAL ARE BASE ON THE SUBMISSIONS OF THE RIVAL PARTIES. THE TRIBUNAL HAD NOT CONSIDERED ANY NEW MATERIAL TO REACH THE CONCLUSION THAT DEBTS WRITTEN OFF WERE NOT IN MP NO . 169 /BANG/20 18 PAGE 2 OF 2 T HE NATURE OF INCOME SUBJECTED TO TAX IN EARLIER ASSESSMENT YEAR . THEREFORE, WE DO NOT FIND ANY MISTAKES , IN THE IMPUGNED ORDER, CAPABLE OF BEING RECTIFIED BY EXERCISE OF POWER VESTED WITH US U/S 254(2) OF THE INCOME - TAX ACT, 1961. HENCE, M ISC. PETITION FI LED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD OCTOBER, 201 8 S D/ - S D/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BANGALO RE D A T E D : 03 / 10 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE