The DCIT, Baroda Circle-1, Baroda. V. Alembic Ltd., Baroda.

MA 87/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4330 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-03-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1999-2000
• Appeal Filed On: 18-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M C PANDIT
• Assessee Lawyers: S N SOPARKAR
• Keywords: Bad and doubtful debts

Judgement Text

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B, AHM EDABAD BEFORE S/ SHRI N.S.SAINI, A.M, & SHRI MAHAVIR SINGH, J.M. M.A.NO.87/AHD/2009 (ARISING OUT ITA NO.4313 /AHD/2003 ASST.YEAR.1999-00 DATE OF HEARING:12.3.10 DRAFTED:12.3.10 DCIT, CENTRAL CIRCLE-1, 5 TH FLOOR AAYAKAR BHAVAN, RACE COURSE ROAD, BARODA-7 VS. ALEMBIC LTD, ADMINISTRATIVE BUILDING, FINANCE DIVISION, ALEMBIC ROAD, VADODARA PAN NO. NOT FOUND (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI M.C. PANDIT, DR RESPONDENT BY: SHR I S.N. SOPARKAR ORDER PER MAHAVIR SINGH, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA), THE REVENUE HAS REQUESTED FOR RE-CALLING OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.4313/AHD/2003 DATED 21-09-2007. 2. THE REVENUE HAS STATED THAT THE TRIBUNAL IN ITS ORDER IN ITA NO.4313/AHD/2003 DATED 21-09-2007 HAS NOT GIVEN ANY FINDING IN RESP ECT TO GROUND NO.3. THE FACTS ARE THAT THE ASSESSING OFFI CER FOUND THAT THE PROVISION FOR DOUBTFUL DEBTS WAS NOT THE ASCERTAINED QUANTUM AS E NVISAGED U/S.115JA. THEREFORE, THE ASSESSEE DID NO ACTUALLY WRITE OFF T HESE DEBTS IN ITS BOOKS OF ACCOUNT. THEREFORE, IT WAS IN THE NATURE OF CONTING ENT LIABILITY. ACCORDINGLY, THE AO MADE ADDITION OF RS.2,27,57,754/- WHILE COMPUTIN G BOOK PROFIT. 3. AFTER HEARING THE RIVAL CONTENTIONS, WE FIND THA T THIS ISSUE HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL AND ACCORDINGLY, TO THA T EFFECT, THIS ORDER IS RECALLED. 4. IN THE RESULT, REVENUES MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12/03/2010. SD/- SD/- (N.S.SAINI) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER 2 PLACE: AHMEDABAD. DATE : 12-03-2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-I, BARODA 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE (IN DUPLICATE) /TRUE COPY/ BY ORDER, DR / AR, ITAT, AHMEDABAD