TaxTMI 
TaxTMI 
2015 (6) TMI 486
X X X X Extracts X X X X
X X X X Extracts X X X X
...., passed by the Commissioner (Appeals)-8, Mumbai. Since both the appeals involve common issues for our adjudication, therefore, as a matter of convenience, these appeals were clubbed together and are being disposed of by way of this consolidated order. 2. We shall first proceed to dispose the assessee's appeal in ITA no.7723/Mum./2010, for the assessment year 2006-07. Following grounds have been raised by the assessee:- "1. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in upholding addition to total income on account of adjustment for proportionate element of CENVAT under section 145A to the extent of Rs. 94,89,422. &nbs....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ke of completeness, we peruse the order of the Tribunal in one of the above assessment years i.e., assessment year 2005-06 and find that Para-5 of the said order deals with this ground and its adjudication is given in Para-5.2 which is extracted as under:- "5.2 Thus it is clear that the issue is covered in favour of the assessee by the decision of the Hon'ble Jurisdictional High Court in the case of Otis Elevators Co. Ltd. reported in 195 ITR 682 (Bom.) which has been followed by the Tribunal in assessee's own case for the earlier assessment years. Accordingly, respectfully following the earlier order of the Tribunal, we decide this issue in favour o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iliation for provision for bad debts refer letter to CIT(A) dated 4 August 2010. The method followed by the appellant ultimately results in debiting bad debts written off to P&L Account. These bad debts are claimed separately by the appellant in computation of income. Refer computation of income for A Ys 2003-04, 2004-05, 2005-06 and 2006-07. Provision created earlier is disallowed and therefore claim of bad debts does not result in double deduction. In case the appellant had written off the bad deb....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ribunal, Mumbai Bench, in Arrow Coated Products Ltd. (supra). Consequently, we set aside the impugned order passed by the learned Commissioner (Appeals) and allow the ground raised by the assessee for statistical purposes. 13. In the result, assessee's appeal for A.Y. 2006-07 is partly allowed for statistical purpose. We shall now take up assessee's appeal in ITA no.1666/Mum./ 2012, for the assessment year 2007-08. Ground raised by the assessee are as under:- "1. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in confirming disallowance of Rs. 16,11,913 being subscription / membership fees paid to the clubs.  ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sed by the assessee in the assessment year 2006-07, therefore, for the reasons stated therein vide Para-12 above, we set aside the impugned order passed by the learned CIT(A) and restore the issue back to the file of the Assessing Officer for denovo adjudication. Consequently, this ground is allowed for statistical purposes. 17. Ground no.3, relates to disallowance on account of alleged unreconciled ITS data amounting to Rs. 12,99,690. 18. In this regard, the learned Counsel for the assessee submitted that AIR data amounting to Rs. 65,93,498, the assessee successfully reconciled to the extent of Rs. 52,93,803 that constitute 80% of the entire transaction. Regarding the balance of Rs. 12,99,690, the Assessing Officer did not provide th....