CONART ENGINEERS LTD, v. DCIT CIR 6(2),

MA 132/MUM/2010 | 2005-2006
Pronouncement Date: 06-08-2010 | Result: Dismissed

Appeal Details

RSA Number 13219924 RSA 2010
Assessee PAN AAACC1463A
Bench Mumbai
Appeal Number MA 132/MUM/2010
Duration Of Justice 5 month(s) 9 day(s)
Appellant CONART ENGINEERS LTD,
Respondent DCIT CIR 6(2),
Appeal Type Miscellaneous Application
Pronouncement Date 06-08-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 06-08-2010
Assessment Year 2005-2006
Appeal Filed On 25-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI S.V. MEHROTRA (AM) AND SMT. ASHA VIJAYARAGHAVAN (JM) M.A. NO. 132/MUM/2010 (ARISING OUT OF ITA NO. 331/MUM2/009) ASSESSMENT YEAR-2005-06 M/S. CONART ENGINEERS LTD. 35 MASNOJ UDYOG 3 RD FLOOR 40-A DR. AMBEDKAR ROAD WADALA MUMBAI-400 031 PAN-AAACC1463A VS. THE DCIT CIR. 6(2) AAYAKAR BHAVAN MUMBAI-400 020 (APPLICANT) (RESPONDENT) APP LICANT BY: SHRI GOVI N D AGARWAL RESPONDENT BY: SHRI MAYANK PRIYADARSHI O R D E R PER SMT. ASHA VIJAYARAGHAVAN (JM) IN THE IMPUGNED ORDER IN ITA 331/M/2009 OF THE ASSE SSMENT YEAR 2005-06 THE REVENUE HAD COME ON APPEAL AGAINS T THE DEDUCTION ALLOWED BY LD. CIT(A) OF RS.27 77 291/- ON ACCOUNT OF BAD DEBTS. THE TRIBUNAL FOLLOWING THE DECISION OF THE JURISDICTION AL HIGH COURT DIRECTED THE ASSESSING OFFICER TO SEE WHETHER THE WRITE OFF WAS BONAFIDE. THE ASSESSEE HAS NOW FILED AN M.A STATING THAT IN VIEW OF THE DECISION OF THE APEX COURT IN THE CASE OF TRF LTD VS CIT (2010-TIOL-15-SC-IT) THE ITAT OUGHT TO HAVE ALLOWED THE CLAIM OF THE ASSESSE E AND DISMISSED THE DEPARTMENTAL APPEAL. M.A. NO. 132/M/10 2 2. WE FIND THAT AT THE TIME OF PASSING OF THE TRIBU NAL ORDER DT.20.10.09 THE TRIBUNAL DID NOT HAVE THE BENEFIT O F THE DECISION OF THE SUPREME COURT IN THE CASE OF TRF LTD. FURTHER THE TRIBUNAL HAD FOLLOWED THE DECISION OF THE JURISDICTIONAL HIGH CO URT AND THERE WAS NOTHING IN THE DECISION OF THE TRIBUNAL WHICH CAN B E CONSIDERED AS BEING AGAINST THE RATIO OF THE DECISION OF THE APEX COURT IN THE CASE OF TRF LTD. (SUPRA). IN THE CIRCUMSTANCES WE ARE OF THE OPINION THAT THE MA FILED BY THE ASSESSEE WOULD TANTAMOUNT TO REVIEW OF THE DECISION OF THE TRIBUNAL AND HENCE WE REJECT THE MA FILED BY TH E ASSESSEE. NO DOUBT THE AO WHILE GIVING EFFECT TO THE ORDER OF T HE TRIBUNAL WOULD CONSIDER AND APPLY THE RATIO OF THE APEX COURT IN T HE CASE OF TRF LTD. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THIS DAY OF AUGUST 2010 (S.V. MEHROTRA ) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED .. AUGUST 2010 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR C BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR I.T.A.T MUMBAI M.A. NO. 132/M/10 3 DATE INITIALS 1 DRAFT DICTATED ON: 26. 7 .2010 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 26.7.2010 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: _________ ______ 9. DATE OF DISPATCH OF ORDER: _________ ______