1924 (5) TMI 4 - HC - Income Tax

Summary

The judgment discusses whether the assessee can determine when a debt is irrecoverable for tax purposes. Mr. Justice Moti Sagar believes the assessee's declaration should be accepted unless proven wrong, citing a previous ruling. However, Abdul Raoof J. states that the assessee must provide evidence to prove the debt became irrecoverable in the specific year claimed for deduction. Mr. Justice Martineau agrees that the Income-tax Officer must judge when the debt became irrecoverable, requiring the assessee to prove the loss occurred in the claimed year. Ultimately, it is concluded that the Income-tax Officer should allow the assessee to provide evidence before making a final decision.