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M/s. Ushdev International Limited New Harileela House,6th Floor, Mint Road,Mumbai-400 001 Vs. DCIT 2(3)Aaykar Bhavan, Tapal No.555,M. K. Road, Mumbai
July, 02nd 2012
                                                    M/s. Ushdev International Limited
                                                                I.T.A. No. 6441/M/2010

                      MUMBAI BENCH `F', MUMBAI


                       I.T.A. NO. 6441/Mum/2010
                       Assessment Year : 2004-05

M/s. Ushdev International Limited    Vs. DCIT 2(3)
New Harileela House,                     Aaykar Bhavan, Tapal No.555,
6th Floor, Mint Road,                    M. K. Road, Mumbai
Mumbai-400 001

(Appellant)                                 (Respondent)

                     Appellant by     :     Shri Vijay Mehta
                   Respondent by      :     Shri A. K. Modi

Date of Hearing:. 21.06.2012

Date of Pronouncement: 29-06-2012.



       The appeal filed by the assessee emerges from the order of CIT(A)-6,

Mumbai, dated 27.07.2010, wherein the assessee has raised the following

grounds :

             "1.The Ld. CIT(A) confirming the Assessing Officer's action of
             disallowing Bad Debts Written off (Reimbursable Expenses from AHB)
             Rs. 14,24, 880/-. The Expenses were incurred on behalf of AHB for
             procuring business, to be reimbursed by the AHB. However, due to
             dispute AHB had withheld our commission and expenses due from
             them. It was finally settled by agreeing to Lump sum amount and the
             balance had been rightly written off as not recoverable.

                                    Page 1 of 3
                                                   M/s. Ushdev International Limited
                                                               I.T.A. No. 6441/M/2010

              2.     The Ld. CIT(A) held initiating penalty proceedings under sec
              271(1)(c) is premature hence, dismissed our ground".

2.     The facts are that addition on account of claim of bad debts was

rejected by the A.O. and the issue went up to the Hon'ble ITAT, wherein, the

ITAT set aside the issue to the file of the A.O, because the A.O. had no

occasion   to go through the additional evidence placed by the assessee

before the CIT(A). In the second round also, the assessee was unable to

satisfy the A.O. on its claim, and, the CIT(A), in this round of proceedings,

rejected the plea of the assessee and is now once again before the ITAT.

3.     Before us, the assessee pleaded its inability to not to produce the

evidence, before the revenue authorities, which he intended to do now. The

AR, placed before us a copy of email received by it from its counter parts in

Madrid, Spain, stating the settlement of their dispute. The AR, therefore,

pleaded that in view of substantial justice, the issue may kindly be restored to

the file of the AO.

4.   The DR did not object to the submissions made by the AR.

5.    We have to record, that this letter was neither supported by an affidavit

nor through any application under rule 29 of the Income Tax Appellate

Tribunal Procedure Rules, but since, we are required to ascertain the facts,

and render justice to either parties, we, once again restore the issue to the

file of the A.O. to form an independent opinion on the document of

settlement as placed before us along with any other evidences, that the

assessee wants to rely upon.

                                   Page 2 of 3
                                                     M/s. Ushdev International Limited
                                                                 I.T.A. No. 6441/M/2010

6.     We, therefore, set aside the order of the CIT(A) and restore the issue

to the file of the A.O. with the above directions.

7.     The appeal is thus treated as allowed for statistical purposes.

       Order pronounced in the open Court on this day of 29/06/2012.

       Sd/-                                                Sd/-
  (B.RAMAKOTAIAH)                                         (VIVEK VARMA)
ACCOUNTANT MEMBER                                       JUDICIAL MEMBER

Mumbai: 29/06/2012.

                                    Page 3 of 3
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