Salora International Ltd.,, New Delhi v. ACIT, New Delhi

ITA 5104/DEL/2016 | 2009-2010
Pronouncement Date: 28-02-2020 | Result: Partly Allowed

Appeal Details

RSA Number 510420114 RSA 2016
Assessee PAN AAACS3041G
Bench Delhi
Appeal Number ITA 5104/DEL/2016
Duration Of Justice 3 year(s) 5 month(s)
Appellant Salora International Ltd.,, New Delhi
Respondent ACIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 28-02-2020
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted G
Tribunal Order Date 28-02-2020
Last Hearing Date 25-02-2020
First Hearing Date 25-02-2020
Assessment Year 2009-2010
Appeal Filed On 28-09-2016
Judgment Text
ITA NO.-5104/DEL/2016. SALORA INTERNATIONAL LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: G: NEW DELHI) BEFORE SHRI AMIT SHUKLA JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA ACCOUNTANT MEMBER ITA NO:- 5104/DEL/2016 ( ASSESSMENT YEAR: 2009-10) SALORA INTERNATIONAL LTD. D-13/4 OKHLA INDUSTRIAL AREA PHASE II NEW DELHI. VS. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 22(1) NEW DELHI. PAN NO: AAACS3041G APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SARAS KUMAR SR. DR PER ANADEE NATH MISSHRA AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE IMPUG NED APPELLATE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-17 NEW DELHI [LD. CIT(A) FOR SHORT] DATED 20.07.2016 FOR ASSESSMENT YEAR 2009-10. GROUNDS TA KEN IN THIS APPEAL OF ASSESSEE ARE AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE ASSESSING OFFICER IS WRONG IN DISALLOWING A SUM OF RS. 7 58 909/- ON ACCOUNT O F BAD DEBTS. 2. THE ASSESSEE CLAIMED RS. 7 58 909/- UNDER SECTIO N 36(I)(VII) OF THE INCOME TAX ACT AND COMMISSIONER (A) HAS DISALLOWED. ITA NO.-5104/DEL/2016. SALORA INTERNATIONAL LTD. PAGE 2 OF 4 3. THE ASSESSEE HAD FILED COMPLETE DETAILS OF BAD D EBTS WRITTEN OFF WITH NAME ADDRESS AND PERMANENT ACCOUNT NUMBER WHEREVER AVAIL ABLE. THE PAPERS WERE FILED BEFORE THE ASSESSING OFFICER AND THE LD. CIT( A). ON THESE FACTS THE COMMISSIONER (A) IS WRONG IN DISALLOWING A SUM OF R S. 7 58 909/-. 4. THAT THE ADDITION MADE IS AGAINST THE LAW & FACT S OF THE CASE. (B) THE ISSUE IN DISPUTE RELATES TO ASSESSEES CLAIM FO R DEDUCTION AMOUNTING TO RS. 7 58 909/- ON ACCOUNT OF BAD DEBT WRITTEN OFF. THE DISALLOWANCE MADE BY THE ASSESSING OFFICER (AO FOR SHORT) WAS CONFIRMED BY LD. CIT( A) ON THE GROUND THAT NEITHER THE ASSESSEE PROVED OR EXPLAINED BEFORE THE ASSESSING OFFICER OR BEFORE THE LD. CIT(A) THAT THE AFORESAID AMOUNT WAS IN THE NATURE OF BAD DEBT; NOR IT COULD BE SUBSTANTIATED THAT THESE DEBTS HAD BEEN TAKEN INTO ACCOUNT IN COMPUTIN G THE TOTAL INCOME OF THE ASSESSEE AS PROVIDED U/S 36(2) OF THE I.T. ACT. AT THE TIME OF HEARING BEFORE US THE ASSESSEE WAS REPRESENTED BY NONE. IN THE ABSENCE OF ANY REP RESENTATION FROM THE ASSESSEES SIDE WE HEARD THE LD. SENIOR DEPARTMENTAL REPRESEN TATIVE (SR. DR FOR SHORT) OF REVENUE WHO RELIED ON IMPUGNED APPELLATE ORDER DAT ED 20.07.2016 OF LD. CIT(A). WE FIND FROM PERUSAL FROM RECORDS THAT THE ASSESSEE H AS FAILED TO SUBSTANTIATE THE CLAIM FOR DEDUCTION OF AFORESAID AMOUNT OF RS. 7 58 909/- ; AS THE ASSESSEE HAS FAILED TO PROVIDE MATERIALS TO SHOW COMPLIANCE WITH MANDATORY REQUIREMENTS U/S 36(2) OF I.T. ACT. IN THE ABSENCE OF MATERIALS TO PROVE THAT MA NDATORY REQUIREMENTS U/S 36(2) OF I.T. ACT ARE MET IN THIS CASE THE AFORESAID DISALL OWANCE OF RS. 7 58 909/- IS CONFIRMED AND ASSESSEES APPEAL IS DISMISSED. ITA NO.-5104/DEL/2016. SALORA INTERNATIONAL LTD. PAGE 3 OF 4 (C) BEFORE WE PART WE EXPLICITLY CLARIFY THAT THE ASSE SSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THIS APPEAL IN ACC ORDANCE WITH PROVISO TO RULE 24 OF INCOME TAX (APPELLATE TRIBUNAL) RULES 1963. IF T HE ASSESSEE DOES APPROACH ITAT FOR RESTORATION OF THE APPEALS IN ITAT THE MATTER WILL BE CONSIDERED IN ACCORDANCE WITH LAW HAVING REGARD TO THE FACTS AND CIRCUMSTANCES. [D] FOR STATISTICAL PURPOSES APPEAL FILED BY ASSESSEE IS PARTLY ALLOWED. ORDER IS PRONOUNCED IN OPEN COURT ON 28/02/2020. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHR A) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 28/02/2020 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.-5104/DEL/2016. SALORA INTERNATIONAL LTD. PAGE 4 OF 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER