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1991 (7) TMI 21 - HC - Income Tax

Issues:
1. Disallowance of bonus amount for a specific assessment year.
2. Disallowance of bad debts claims for certain accounts.
3. Determination of interest on sticky accounts and system of accounting.

Analysis:
The judgment delivered by the High Court of ALLAHABAD addressed various issues raised by the assessee for the assessment year 1981-82. The first issue involved the disallowance of a bonus amount related to the assessment year 1980-81. The Tribunal had already allowed the bonus for the year 1979-80, leading to the refusal to refer the question to the court. The second to sixth issues pertained to the disallowance of bad debt claims in the accounts of M/s. Andrews Erectors, Obra, and Shri Ram Prakash Sharma. The Tribunal found that the bad debt of M/s. Andrews Erectors fell beyond the assessment year in question, and it was open for the assessee to claim it in the relevant year. Regarding the alleged bad debt of Shri Ram Prakash Sharma, the Tribunal concluded it was not a bad debt at all, a finding upheld by the High Court.

The remaining issues (7-12) raised by the assessee related to interest on sticky advances and the system of accounting for certain transactions. The Tribunal rejected the assessee's argument to assess sticky loans on a cash system of accounting despite the mercantile system in place. The High Court concurred with the Tribunal's decision, stating no error of law was committed. Additionally, a previous case was cited (Banaras State Bank v. CIT) where a similar issue was decided, further supporting the Tribunal's decision. The High Court found no merit in the application and rejected it, affirming the Tribunal's decision.

In conclusion, the High Court upheld the Tribunal's decisions on various issues related to bonus disallowance, bad debt claims, interest on sticky accounts, and the system of accounting for specific transactions. The judgment provided detailed reasoning for each issue, ultimately dismissing the application with costs.

 

 

 

 

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