The Commissioner of Income-tax, Central Circle, Bangalore / The Asst-Commissioner of Income-tax Central Circle-2(3), Bangalore v. United Breweries (Holdings) Ltd
[Citation -2011-LL-1115-29]
| Citation | 2011-LL-1115-29 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, Central Circle, Bangalore / The Asst-Commissioner of Income-tax Central Circle-2(3), Bangalore |
| Respondent Name | United Breweries (Holdings) Ltd. |
| Court | HIGH COURT OF KARNATAKA |
| Relevant Act | Income-tax |
| Date of Order | 15/11/2011 |
| Assessment Year | 2003-04 |
| Judgment | View Judgment |
| Keyword Tags | written off • bad debt • interest • penalty |
| Bot Summary: | This appeal is filed by the Revenue being aggrieved by the order passed by the Income Tax Appellate Tribunal, Bangalore, Bench 'A', wherein ihe ITAT has set aside the impugned order passed by the appellate authority and the Assessing Officer and restored the matter back to the Assessing Offieer for fresh consideration. Wherefore, question of remand would not arise and the ITAT was not justified in setting aside the impugned order and remitting the matter to the Assessing Officer. Since the claim was withdrawn the question of considering as to whether foe bad debts is proved or not, would not arise and the ITAT was riot justified in remitting the matter to 'the Assessing Officer and ought to have dismissed the appeal confirming the order passed by the appeilate authority. 5: Learned senior counsel appearing for the respondent submitted that the said claim of bad debt of 5 -5- Rs.36,57,27,743/- was withdrawn, subject to the condition that no penalty would be imposed anci it is the conditional withdrawal and since penalty iS imposed, withdrawal would not be operative. In the said case having regard to the fact -that AO has not examined whether the debt has been written off in accounts of the assessee, matter was remitted to the Assessing Officer for de novo consideration of the aspect to that extent. The ITAT has remitted he matter to the Assessing Officer on -the ground that document produced before the Assessing Officer has not been proved and matters requices consideration and accordingly remitted the matter to the Assessing Officer to consider the said document and to pass fresh orders in accordance with law. It is necessary to make it clear that since the matter is remitted to the 7 Assessing Officer for fresh adjudication, all the contentions of the parties including the question as to whether the claim regarding bad debt of Rs.36.57,27,743/- is withdrawn, Lis kept open to be urged before the Assessing Officer and it is open to the assessee to substantiate his contenticu with reference to the judgement of the Hon'ble Supreme Court before the Assessing Officer to whom. |