ACIT 19(3), MUMBAI v. SAFE ENTERPRISES, MUMBAI

ITA 2278/MUM/2009 | 2005-2006
Pronouncement Date: 27-01-2010 | Result: Dismissed

Appeal Details

RSA Number 227819914 RSA 2009
Bench Mumbai
Appeal Number ITA 2278/MUM/2009
Duration Of Justice 9 month(s) 17 day(s)
Appellant ACIT 19(3), MUMBAI
Respondent SAFE ENTERPRISES, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 27-01-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted I
Tribunal Order Date 27-01-2010
Assessment Year 2005-2006
Appeal Filed On 09-04-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES I : MUMBAI BEFORE SHRI D. MANMOHAN HONBLE VICE PRESIDENT AND SHRI PRAMOD KUMAR ACCOUNTANT MEMBER ITA. NO. 2278/MUM/2009 ASSESSMENT YEAR 2005-2006 ACIT 19 (3) MUMBAI 400 020. VS. SAFE ENTERPRISES MUMBAI 400 050 PAN AAAFS-5262-J (APPELLANT) (RESPONDENT) FOR APPELLANT : MS. VANDANA SAGAR SR. D.R. FOR RESPONDENT : MR. VIJAY P. JOSHI ORDER PER SHRI D. MANMOHAN V.P. 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 30-01-2009 PASSED BY THE CIT(A)-19 AND IT PER TAINS TO THE ASSESSMENT YEAR 2005-2006. THE FOLLOWING GROUNDS WE RE URGED BY THE REVENUE : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(A) ERRED IN DELETING TH E ADDITION OF RS.76 33 179/- MADE BY THE ASSESSING OFFICER ON THE BASIS OF ADDITIONAL INCOME DECLARED IN SURVEY ACTION. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(A) ERRED IN DELETING TH E DISALLOWANCE OF BAD DEBTS AMOUNTING TO RS.20 87 450/- WITHOUT APPRECIATING THE FACT THAT THERE WAS NO PROOF THAT DEBTS HAVE BECOME BAD. 2 3. THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE A.O. BE RESTORED. 4. THE APPELLANT CRAVES TO AMEND OR ALTER ANY GROUND OR ADD A NEW GROUND WHICH MAY BE NECESSARY. 2. WE HAVE HEARD THE LEARNED D.R. AS WELL AS THE L EARNED COUNSEL APPEARING ON BEHALF OF THE ASSESSEE IN THIS REGARD AND CAREFULLY PERUSED THE RECORD. 3. IN OUR CONSIDERED OPINION LEARNED CIT(A) HAS GI VEN COGENT REASONS IN COMING TO THE CONCLUSION THAT THE ADDITI ON OF RS.76.33 LAKHS MADE BY THE ASSESSING OFFICER AS WELL AS THE DISALL OWANCE OF BAD DEBTS IS NOT IN ACCORDANCE WITH LAW IN THE PECULIAR CIRCUMS TANCES OF THE CASE. SINCE WE ARE IN AGREEMENT WITH THE REASONS GIVEN B Y THE LEARNED CIT(A) WE UPHOLD THE ORDER OF THE LEARNED CIT(A) AND DISMI SS THE APPEAL FILED BY THE REVENUE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS THE 27 TH DAY OF JANUARY 2010. SD/- SD/- (PRAMOD KUMAR) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI DATE 27 TH JANUARY 2010. VBP/- 3 COPY TO 1. ACIT 19 (3) ROOM NO. 305 3 RD FLOOR PIRAMAL CHAMBERS PAREL MUMBAI 400 012. 2. SAFE ENTERPRISES 6 CITIZEN APARTMENTS 30 TH ROAD BANDRA (WEST) MUMBAI 400 050 PAN AAAFS-5262-J 4. CIT(A)-XIX C-10/703 PRATYAKSHAKAR BHAVAN BAND RA-KURLA COMPLEX MUMBAI 400 051. 5 CIT-19 MUMBAI 6. D.R. I BENCH MUMBAI. 7. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR ITAT MUMBAI BENCHES MUMBAI. SNO DATE INITIALS 1 DRAFT DICTATED ON 22-01-2010 SR.P.S 2. DRAFT PLACED BEFORE AUTHOR 25-01-2010 SR.P.S 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER V.P. 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER A.M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.P.S 6. KEPT FOR PRONOUNCEMENT ON SR.P.S 7. FILE SENT TO THE BENCH CLERK SR.P.S 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER