ACIT, Circle-2(1), Cuttack V. M/s. Utkal Highways, Cuttack

MA 46/CTK/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5043 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 21-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K K BAL
• Section: 2

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK , . . , BEFORE SHRI CHANDRA MOHAN GARG, J M AND SHRI L .P. SAHU, A M MISCELL ANEOUS APPLICATION NO . 46 / CTK /20 1 7 ( ARISING OUT OF ITA NO. 246 /CTK/201 5 ) ( / ASSESSMENT YEAR : 20 10 - 201 1 ) ACIT, CIRCLE - 2(1), CUTTACK VS. M/S UTKAL HIGHWAYS, SHREE VIHAR COLONY, TULSIPUR, CUTTACK ./ ./ PAN/GIR NO. : A A AFU 8445 M ( / APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI SUBHENDU DUTTA, DR /ASSESSEE BY : SHRI K.K.BAL , AR / DATE OF HEARING : 19 /0 8 /2019 / DATE OF PRONOUNC EMENT : 20 /0 8 /2019 / O R D E R PER L.P.SAHU, A M TH IS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE SEEKING RESTORATION OF THE ORDER OF TRIBUNAL DATED 11.07.2017 , PASSED IN ITA NO. 246 /CTK/201 5 FOR A.Y.20 10 - 201 1 . 2. WE HAVE HEARD ARGUMEN TS OF BOTH THE SIDES AND CAREFULLY PERUSED THE ORDER OF THE TRIBUNAL . 3. T HE LD. D R SUBMITTED THAT THE TRIBUNAL HAS WRONGLY CONFIRMED THE ORDER OF CIT(A) WITH THE FINDING THAT NO MATERIAL HAS BEEN BROUGHT ON RECORD BY THE REVENUE TO SHOW THAT THE ASSESSEE HAS NOT WRITTEN OFF THE DEBTS AS BAD IN ITS BOOKS OF ACCOUNTS WITHOUT CONSIDERING THE PROVISIONS OF M.A. NO. 46 /CTK/201 7 2 SECTION 36(2)(I) OF THE ACT. THEREFORE, THE LD. DR SUBMITTED THAT THE APPEAL OF THE REVENUE SHOULD BE RESTORED TO ITS ORIGINAL NUMBER. 4. ON THE OTHER HAND, LD. AR SUPPORTED THE ORDER OF THE TRIBUNAL AND PLACED A COPY OF CBDT CIRCULAR NO.12/2016, DATED 30 TH MAY, 2016 AND SUBMITTED THAT TRIBUNAL HAS PASSED A JUSTIFIED ORDER WHICH CANNOT BE INTERFERED WITH AND PRAYED THAT THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE DESERVES TO BE DISMISSED. 5 . AFTER HEARING THE SUBMISSIONS OF BOTH THE PARTIES AND CAREFULLY PERUSING OF THE TRIBUNAL ORDER, WE OBSERVE THAT THE TRIBUNAL HAS CONFIRMED THE ORDER OF CIT(A) ON THE BASIS OF MATERIAL EVIDENCE AVAILABLE ON RECORD . O N PERUSAL OF THE CBDT CIRCULAR NO.12/2016, DATED 30 TH MAY, 2016 PLACED BY THE LD. AR OF THE ASSESSEE BEFORE US, WE FIND THAT THE CBDT RELYING ON THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF TRF LTD. IN CA NOS.5292 TO 5294 OF 2003 VIDE JUDGMENT DATE D 09.02.2010 HAS CLARIFIED THAT CLAIM FOR ANY DEBT OR PART THEREOF IN ANY PREVIOUS YEAR, SHALL BE ADMISSIBLE UNDER SECTION 36(1)(VII) OF THE ACT, IF IT IS WRITTEN OFF AS IRRECOVERABLE IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE FOR THAT PREVIOUS YEAR AND IT F ULFILS THE CONDITIONS STIPULATED IN SUB SECTION (2) OF SUB - SECTION 36(2) OF THE ACT. FURTHER ON PERUSAL OF THE IMPUGNED ORDER, WE FIND THAT THE TRIBUNAL HAS DECIDED THE APPEAL OF THE REVENUE RELYING ON THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF T RF LIMITED (SUPRA). THEREFORE, IN OUR CONSIDERED OPINION, THE TRIBUNAL HAS PASSED A REASONED ORDER WHICH CANNOT BE INTERFERED WITH BY US. ACCORDINGLY, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. M.A. NO. 46 /CTK/201 7 3 6 . IN THE RESULT, MISCELLANEOUS APPLICAT ION OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 20 / 08 /2019. SD/ - ( C.M.GARG ) SD/ - ( L.P.SAHU ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER CUTTACK ; DATED 20 / 08 /2019 . . /PKM , S R.P.S. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , / ITAT, CUTTACK 1. / THE APPELLANT - . 2. / THE RESPONDENT - 3. ( ) / THE CIT(A), 4. / CIT 5. , , / D R, ITAT, CUTTACK 6. / GUARD FILE. //TRUE COPY//