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

MA 87/AHD/2009 | 1999-2000
Pronouncement Date: 12-03-2010 | Result: Allowed

Appeal Details

RSA Number 8720524 RSA 2009
Bench Ahmedabad
Appeal Number MA 87/AHD/2009
Duration Of Justice 11 month(s) 25 day(s)
Appellant The DCIT, Baroda Circle-1,, Baroda.
Respondent Alembic Ltd.,, Baroda.
Appeal Type Miscellaneous Application
Pronouncement Date 12-03-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 12-03-2010
Assessment Year 1999-2000
Appeal Filed On 18-03-2009
Judgment 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