ROLTA HOLDINGS AND FINANCE CORPORATION LTD, V. DCIT CIR 1,

MA 301/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1263 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2000-2001
• Appeal Filed On: 14-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DEEPAK TRASLSHAWALA
• Keywords: Bad and doubtful debts
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH MUMBAI BEFORE SHRI P.M.JAGTAP , A M & SHRI AMIT SHUKLA , J M MA NO. 300 TO 306 /MUM/20 1 3 ( ARISING OUT OF ITA NOS. 5339 TO 5345/MUM/2007) ( ASSESSMENT YEAR S : 1999 - 2000 , 2000 - 01, 2001 - 02, 2002 - 03, 2003 - 04, 200 4 - 05 & 2005 - 06 ) M/S ROLTA HOLDING & FINANCE CORPORATION LTD., 19 TH FLOOR, MAKER TOWER - F, CUFFE PARADE, MUMBAI - 400 005 VS. DCIT CC 1, MUMBAI PAN NO. : A A ACR 3157 L ( APP LICANT ) .. ( RESPONDENT ) ASSESSEE BY : MR. DEEPAK TRASLSHAWALA REVENUE BY : MS NEERAJA PRADHAN DATE OF HEARING : 6 TH DECEMBER , 2013 DATE OF PRONOUNCEMENT : 6 TH DECEMBER , 2013 O R D E R PER AMIT SHUKLA , J M : TH ES E MISCELLANEOUS APPLICATION S HAVE BEEN PREFERRED BY THE ASSESSEE , WHICH ARE ARISING OUT OF THE COMMON ORDER PASSED BY THE TRIBUNAL DATED 5 - 7 - 2013 IN THE BUNCH OF APPEALS FOR ASSESSMENT YEARS 1999 - 2000 TO 2005 - 06, RESPECTIVELY. 2 . IN ALL THE APPLICATIONS, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT , WHILE DECIDING THE DEPARTMENTAL APPEAL, THE T RIBUNAL HAS OMITTED TO CONSIDER SOME OF THE GROUNDS MAINLY , RELATING TO DISALLOWANCE OF SECTION 14A AND IN SOME OF THE YEARS , THE DISALLOWANCE ON ACCOUNT OF BAD DEBTS. THESE GROUNDS WE RE INDEPENDENT GROUNDS, WHICH HAVE NOT BEEN CONSIDERED BY THE TRIBUNAL A ND THEREFORE, IT CONSTITUTES MISTAKE APPARENT FROM RECORD. THE M.ANS . 300 - 3006/ 201 3 2 GROUNDS, WHICH HAVE NOT BEEN ADJUDICATED IN THE AFORESAID ASSESSMENT YEARS ARE AS UNDER : - SL. NO . ASSESSMENT YEAR ISSUE RAISED IN THE GROUND GROUND NO I) 1999 - 2000 (A) DISALLOWANCE OF BAD DEBTS, 3 (B) DISALLOWANCE U/S.14A 4 II) 2000 - 01 DISALLOWANCE U/S.14A 3 I I I) 2001 - 02 DISALLOWANCE U/S.14A 3 IV ) 2002 - 03 DISALLOWANCE U/S.14A 3 V ) 2003 - 04 DISALLOWANCE OF BAD DEBTS 3 VI ) 2004 - 05 DISALLOWANCE U/S.14A 3 VI I ) 2005 - 06 DISALLOWANCE U/S.14A 1 HE, THUS, SUBMITTED THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED FOR THE LIMITED PURPOSE FOR ADJUDICATING THESE GROUNDS, AS NON ADJUDICATION OF GROUNDS CONSTITUTES MISTAKE APPARENT FROM RECORD U/S.254(2) . 3 . ON THE O THER HAND, LEARNED DR ADMITTED THAT THESE GROUNDS HAVE NOT BEEN ADJUDICATED BY THE TRIBUNAL EVEN THOUGH APPEALS HAVE BEEN P REFERRED BY THE DEPARTMENT. 4. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF THE IMPUGNED ORDER OF THE TRIBUNAL , WE FIND THAT W HILE ADJUDICATING THE VARIOUS ISSUES INVOLVED, THE TRIBUNAL HAS OMITTED TO DEAL AND DECIDE THE AFORESAID GROUNDS. NON - ADJUDICATION OR OMISSION TO DEAL WITH GROUNDS RAISED AMOUNTS TO MISTAKE APPARENT FROM RECORD, WHICH CAN BE RECTIFIED WITHIN THE SCOPE OF S ECTION 254(2) OF THE ACT. ACCORDINGLY, WE RECALL THE ORDER M.ANS . 300 - 3006/ 201 3 3 DATED 5 - 7 - 2013 PASSED IN THE AFORESAID APPEALS FOR ADJUDICATING THE AFORESAID GROUNDS WHICH HAVE BEEN OMITTED TO BE CONSIDERED AND FOR THIS LIMITED PURPOSE, ALL THE APPEALS WOULD BE FIXED FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE HEARING OF THE APPEAL S IN THE DUE COURSE. 5 . RESULTANTLY , MISCELLANEOUS APPLICATION S FILED BY THE ASSESSEE ARE ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 6 TH D AY OF DEC . , 201 3 . SD/ - SD/ - ( P.M. JAGTAP ) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED : 06/12 /2013 . /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - X, MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI