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Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM
आदेश / ORDER
PER VIKAS AWASTHY, JM
These two appeals by the Department in ITA No.2126/PUN/2014 for the assessment year 2006-07 and ITA No.2127/PUN/2014 for the assessment year 2007-08 are directed against the order of Commissioner of Income Tax (Appeals)-III, Pune dated 22.09.2014 common for both the aforementioned assessment years.
The ld. DR has filed a letter dated 01.08.2018 from the Pr. Commissioner of Income Tax-6, Pune to withdraw both the above mentioned appeals. A perusal of the letter dated 01.08.2018 (supra) shows that on the report from
2 ITA Nos.2126 & 2127/PUN/2014 A.Ys.2006-07 & 2007-08
Deputy Commissioner of Income Tax, Circle-14, Pune dated 25.05.2018, the
Pr. Commissioner of Income Tax-6 has prayed for withdrawal of the appeals as
not pressed. The relevant extract of the Assessing Officer’s comment citing
reasons for withdrawal of the appeals are reproduced herein below:
“06. AO’s Comments: On perusal of the case records for the A.Y.2005-06 to 2007-08, it is seen that the provision of Rs.3,77,42,186/- inclusive of BDDR provision of Rs.3,65,42,186/- debited to the Profit and Loss account has been added back to the computation of total income therefore it is clear that the closing balance in BDDR reserves as on 31.03.2005 was Rs.5,49,63,377/-. Further, the assessee received back the bad debts which was already added back to the computation of income in earlier A.Y.2005-06 of Rs.1,15,89,197/- and 29,49,101/- for the A.Ys.2006-07 & 2007-08 respectively. For the sake of clarity, the details of provision made on account of BDDR and provision written back in the account are produced as under:
Year ending A.Y Opening Debited to P Closing on Balance & L A/c Balance 31.03.2004 2004-05 13362900 5058290 18421191 31.03.2005 2005-06 18421191 36542186 54963377 31.03.2006 2006-07 54963377 -11589197 43374180 31.03.2007 2007-08 43374180 -2949101 40425079
In view of the above, the deduction of Rs.1,15,89,197/- claimed by the assessee under the head of provision made for bad debts vide its revised return is found to be correct.”
Thus, in view of the letter from the Pr. Commissioner of Income Tax, both
the appeals of the Revenue are dismissed as withdrawn.
In the result, appeals of the Revenue are dismissed as withdrawn. 3.
Order pronounced in open Court on Monday, the 20th day of August, 2018.
Sd/- Sd/- (डी. क�णाकरा राव/D. KARUNAKARA RAO) (�वकास अव�थी /VIKAS AWASTHY) लेखा सद�य/ACCOUNTANT MEMBER �या�यक सद�य/JUDICIAL MEMBER
पुणे / Pune; �दनांक / Dated : 20th August, 2018 SB
3 ITA Nos.2126 & 2127/PUN/2014 A.Ys.2006-07 & 2007-08
आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to :
अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The CIT (Appeals)-III, Pune. 4. The CIT-III, Pune. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “ए” ब�च, 5. पुणे / DR, ITAT, “A” Bench, Pune. गाड� फ़ाइल / Guard File. 6.
// True Copy // आदेशानुसार / BY ORDER,
�नजी स�चव / Private Secretary आयकर अपील�य अ�धकरण, पुणे / ITAT, Pune.