Commissioner of Income-tax Vs. Santosh Rice Mills - Court Judgment |
| Direct Taxation |
| Madhya Pradesh High Court |
| Sep-19-1989 |
| Miscellaneous Civil Case No. 235 of 1983 |
| G.G. Sohani, Actg. C.J. and ;K.M. Agrawal, J. |
| [1990]181ITR447(MP) |
| Income Tax Act, 1961 - Sections 256(2) |
| Commissioner of Income-tax |
| Santosh Rice Mills |
| B.K. Rawat, Adv. |
| B.L. Nema, Adv. |
- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. - 45,370 on account of bad debt. 45,370, as bad debt?g.g. sohani, actg. c.j.1. this is an application under section 256(2) of the income-tax act, 1961.2. the material facts giving rise to this application briefly, are as follows : the assessee is assessed in the status of a registered firm. for the assessment year 1977-78 for which the accounting year ended on diwali, 1976, the assessee claimed deduction of a sum of rs. 45,370 on account of bad debt. the income-tax officer rejected that claim. on appeal, the commissioner of income-tax (appeals) upheld the finding of the income-tax officer in that behalf. on further appeal before the tribunal, the tribunal upheld the claim of the assessee and allowed that appeal. aggrieved by the order passed by the tribunal, the revenue sought reference, but as that application was rejected, the revenue has filed this application.3. having heard learned counsel for the parties, we have come to the conclusion that the following question of law does arise out of the order passed by the tribunal:'whether, on the facts and in the circumstances of the case, the tribunal was justified in allowing the assessee's claim for deduction of rs. 45,370, as bad debt?'4. the application is, therefore, allowed. the.....
G.G. Sohani, Actg. C.J.
1. This is an application under Section 256(2) of the Income-tax Act, 1961.
2. The material facts giving rise to this application briefly, are as follows : The assessee is assessed in the status of a registered firm. For the assessment year 1977-78 for which the accounting year ended on Diwali, 1976, the assessee claimed deduction of a sum of Rs. 45,370 on account of bad debt. The Income-tax Officer rejected that claim. On appeal, the Commissioner of Income-tax (Appeals) upheld the finding of the Income-tax Officer in that behalf. On further appeal before the Tribunal, the Tribunal upheld the claim of the assessee and allowed that appeal. Aggrieved by the order passed by the Tribunal, the Revenue sought reference, but as that application was rejected, the Revenue has filed this application.
3. Having heard learned counsel for the parties, we have come to the conclusion that the following question of law does arise out of the order passed by the Tribunal:
'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the assessee's claim for deduction of Rs. 45,370, as bad debt?'
4. The application is, therefore, allowed. The Tribunal is directed to state the case and to refer the aforesaid question of law to this court for its opinion. In the circumstances of the case, parties shall bear their own costs of this reference.