IN INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI CHANDRA MOHAN GARG, JM AND SHRI L.P. SAHU, AM Miscellaneous Application No.46/CTK/2017 ( Arising out of ITA No.246/CTK/201 5) (ssessment Year 2010-2011) ACIT, Circle-2(1), Cuttack Vs. M/s Utkal Highways, Shree Vihar Colony, Tulsipur, Cuttack PAN/GIR No. AAAFU 8445 M (Appellant) (Respondent) Revenue by Shri Subhendu Dutta, DR /Assessee by Shri K.K.Bal, AR Date of Hearing 19/08/2019 Date of Pronouncement 20/08/2019 ORDER Per L.P.Sahu, AM This miscellaneous application has been filed by Revenue seeking restoration of order of Tribunal dated 11.07.2017, passed in ITA No.246/CTK/2015 for A.Y.2010-2011. 2. We have heard arguments of both sides and carefully perused order of Tribunal. 3. ld. DR submitted that Tribunal has wrongly confirmed order of CIT(A) with finding that no material has been brought on record by Revenue to show that assessee has not written off debts as bad in its books of accounts without considering provisions of 2 M.A.No.46/CTK/2017 Section 36(2)(i) of Act. Therefore, ld. DR submitted that appeal of Revenue should be restored to its original number. 4. On other hand, ld. AR supported order of Tribunal and placed copy of CBDT Circular No.12/2016, dated 30th May, 2016 and submitted that Tribunal has passed justified order which cannot be interfered with and prayed that miscellaneous application filed by Revenue deserves to be dismissed. 5. After hearing submissions of both parties and carefully perusing of Tribunal order, we observe that Tribunal has confirmed order of CIT(A) on basis of material evidence available on record. On perusal of CBDT Circular No.12/2016, dated 30th May, 2016 placed by ld. AR of assessee before us, we find that CBDT relying on decision of Hon ble Supreme Court in case of TRF Ltd. in CA Nos.5292 to 5294 of 2003 vide judgment dated 09.02.2010 has clarified that claim for any debt or part thereof in any previous year, shall be admissible under section 36(1)(vii) of Act, if it is written off as irrecoverable in books of accounts of assessee for that previous year and it fulfils conditions stipulated in sub section (2) of sub-section 36(2) of Act. Further on perusal of impugned order, we find that Tribunal has decided appeal of Revenue relying on decision of Hon ble Supreme Court in case of TRF Limited (supra). Therefore, in our considered opinion, Tribunal has passed reasoned order which cannot be interfered with by us. Accordingly, miscellaneous application filed by Revenue is dismissed. 3 M.A.No.46/CTK/2017 6. In result, miscellaneous application of Revenue is dismissed. Order pronounced in open court on 20/08/2019. Sd/- Sd/- (C.M.GARG) (L.P.SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Cuttack; Dated 20/08/2019 PKM, Sr.P.S. /Copy of Order forwarded to 1. Appellant- . 2. Respondent- 3.The CIT(A), 4. CIT 5. DR, ITAT, Cuttack 6. Guard file. BY ORDER, (Senior Private Secretary) , ITAT, Cuttack ACIT, Circle-2(1), Cuttack v. Utkal Highway