9911796707
TMI Blog2011 (10) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... x itself has been recovered lawfully in accordance with the provision of Section 173. See Abdullabhai Abdulkadar (1960 - TMI - 49539 - SUPREME Court), Indian Aluminum Co.(1971 - TMI - 6229 - SUPREME Court) - Decided in favor of Revenue - T.C.(A).No.99 of 2005 - - - Dated:- 20-10-2011 - MR.JUSTICE P.JYOTHIMANI, MR.JUSTICE P.P.S.JANARTHANA RAJA, JJ. For Appellant : Mr.J.Balachander for M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of taxable total income by the lower authorities was justified? 2. Whether the Tribunal is correct in concluding that the disallowance of bad debt/business loss was justified on the reason that the amount was not paid by the appellant in the course of its normal business?" 3. The issue involved in this case is covered by a series of judgments of the Supreme Court in Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son entitled to the income referred to in clause (i) of sub-section (1) of section 9 is a non-resident, the tax chargeable thereon, whether in his name or in the name of his agent who is liable as a representative assessee, may be recovered by deduction under any of the provisions of Chapter XVII-B and any arrears of tax may be recovered also in accordance with the provisions of this Act from any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head Profits and gains of business or profession . Explanation. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is to be reiterated that the Supreme Court has specifically held such amount cannot be declared as bad debt. In such view of the matter, the substantial questions of law are answered in favour of the Revenue and consequently, we have no hesitation to hold that the appeal is totally misconceived. Accordingly, the appeal stands dismissed. The appellant is directed to pay cost of ₹ 2,500 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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