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TMI Blog2021 (2) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... ded to the Tribunal for fresh consideration in accordance with law. Appeal is allowed. - I.T.A. NO. 1/2018 - - - Dated:- 5-2-2021 - HON BLE MR. JUSTICE SATISH CHANDRA SHARMA AND HON BLE MR. JUSTICE V. SRISHANANDA APPELLANT (BY SRI A. SHANKAR, SR. ADVOCATE FOR SRI.M.LAVA, ADVOCATE) RESPONDENT (BY SRI E I SANMATHI, ADVOCATE) JUDGMENT V. SRISHANANDA. J., This appeal is filed u/s.260-A of the Income Tax Act, 1961 [hereinafter referred to as 'Act' for short], by the assessee - M/s.Siddhivinayaka Property Developers, Vs. The Deputy Commissioner of Income Tax] with the following substantial questions of law. 1. Whether the Tribunal was justified in law in denying the allowance of bad debts of ₹ 2, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition filed under section 254(2) of the Act and further passed an order on depreciation which was not the issue at all and consequently passed a perverse order on the facts and circumstance of case. 7. Whether the Tribunal was justified in law in not adjudicating the issue of levy of interest under section 234A, 234B and 234C of the Act, 1961 on the facts and circumstance of the case. 2. Brief facts which are necessary for disposal of this appeal are as under: The appellant is a registered partnership firm carrying on business in real estate and developing including sale of immovable property. The appellant has filed its return of income for the assessment year 2006-07 on 15.04.2008 declaring nil income. However, a revised ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the appeal of the Revenue and dismissed the appeal of the assessee and its cross objections. Thereafter, the appellant filed a Misc. Petition under Section 254(2) of the Income Tax Act which was also dismissed by the Tribunal on 21.11.2017. It is that Order which is under challenge in this appeal with the above referred substantial questions of law. 4. After hearing the parties and on perusal of the Order of the Tribunal, it is noticed that though the Misc. application was filed under Section 254E of the Act seeking review of the order passed by the Tribunal on 28.04.2017, pointing out factual errors which have crept in the order, the Tribunal dealt with the Misc. petition stating that the matter pertains to depreciation. The gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee. 5. In the result, the miscellaneous petition filed by the assessee is dismissed. 5. As could be seen from the above, there was no issue of depreciation involved in the Misc. Petition filed by the assessee and the Tribunal has stated that assessee has not claimed depreciation which is nobody's case. The above Order prima facie establishes that there is improper application of judicial mind in respect of the matters in issue and therefore, needs to be set aside and matter requires to be remanded to the Tribunal for fresh consideration in accordance with law. 6. Accordingly, following Order is passed: 7. The Appeal is allowed. The Order passed by the Income Tax Appellate Tribunal, Bengaluru A' Bench in I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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