The ACIT, Khandwa V. M/s Mohit Industries, Burhanpur

MA 27/IND/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0858 (ITAT-INDORE)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 08-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S DESH
• Assessee Lawyers: R A VERMA
• Section: 37(1)

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER MA NO.27/IND/2013 (ARSING OUT OF ITA NO. 575/IND/2012) A.Y. 2009-10 ACIT-KHANDWA :: APPELLANT VS M/S. MOHIT INDUSTRIES, BURHANPUR PAN AAPFS 2656 D :: RESPONDENT APPELLANTS BY SHRI R.A. VERMA RESPONDENT BY SHRI S.S. DESHPANDE DATE OF HEARING 27.09.2013 DATE OF PRONOUNCEMENT 27.09.2013 O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER THIS MISCELLANEOUS APPLICATION IS BY THE REVENUE ON THE GROUND THAT VIDE ORDER DATED 15.3.2013, A GROUP OF APPEALS WAS DISPOSED OF BY THE TRIBUNAL IN WHICH IN ITA NO.575/ IND/2012 2 (APPEAL OF THE REVENUE), ONE GROUND WHICH PERTAINS TO CLAIM OF BAD DEBT REMAINED TO BE DISPOSED OF. IT WAS PLEADED TH AT THIS GROUND MAY BE ADJUDICATED. THE LEARNED COUNSEL FOR THE ASS ESSEE HAD NO OBJECTION TO THE REQUEST MADE BY THE REVENUE. 2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON RECORD. THE FACTS, IN BRIEF, ARE THAT THE ASSESSEE IS ENGAGED IN THE BUSINESS OF MANUFACTURIN G AND TRADING OF PVC PIPES. DURING ASSESSMENT PROCEEDINGS, IT WAS FOUND BY THE ASSESSING OFFICER THAT THE ASSESSEE HAS CLAIMED BAD DEBT U/S 36 OF THE ACT FOR AN AMOUNT OF RS.61,30,000/-. THE ASSESS ING OFFICER OBSERVED THAT OUT OF THIS AMOUNT, AN AMOUNT OF RS.2 5,20,000/, AGAINST MASS MEDIA COMMUNICATION WAS GENUINE. AS PE R THE REVENUE, ONE AMOUNT OF RS.36,10,000/-, AS BANK GUAR ANTEE BY M/S. CGMPT, BANGALORE WAS NOT GENUINE, WHICH WAS DI SALLOWED BY THE ASSESSING OFFICER. ON APPEAL BEFORE THE LD. CIT (A), IT WAS ALLOWED U/S 37(1) OF THE ACT AND DIRECTION WAS ISSUED TO TH E ASSESSING OFFICER TO ALLOW THE BAD DEBT CLAIM. THE REVENUE PR EFERRED THE APPEAL BEFORE THIS TRIBUNAL WHICH HAS BEEN AGITATED THROUGH GROUND NO.2, WHICH REMAINED TO BE ADJUDICATED IN TH E COMBINED 3 ORDER DATED 15.3.2013. IN VIEW OF THESE FACTS, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED TO THIS LIMIT ED EXTENT. THE APPEAL OF THE REVENUE WILL BE HEARD ON 24.10.2013 F OR DECIDING THE ISSUE IN HAND ON MERIT. FINALLY, THE MISCELLANEOUS APPLICATION OF THE REVEN UE IS ALLOWED TO THE ABOVE EXTENT ONLY. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCL USION OF THE HEARING ON 27.9.2013. SD SD (R.C.SHARMA) (JOGINDER SINGH ) ACCOUNTANT MEMBER JUDICIAL ME MBER DATED: 27.9.2013 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, GU ARD FILE DN/-2727