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TMI Blog2019 (5) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. Learned counsels were unable to inform as to whether any order has been passed or not by the Assessing Authority so far pursuant to the remand order passed by the learned Tribunal on 14th December 2007. Thus, we return the aforesaid questions of law unanswered, lest it affects the exercise of discretion by the Assessing Officer. - Tax Case (Appeal) No.953 of 2008 - - - Dated:- 27-2-2019 - Dr. Justice Vineet Kothari And Mr. Justice C.V. Karthikeyan For the Appellant : Mr.T.Ravikumar Senior Standing Counsel For the Respondent : M/s. R.Vijayaraghavan JUDGMENT DR.VINEET KOTHARI, J. The Revenue has filed this Appeal under Section 260A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and that the actual write off of debts was less than the provision. Therefore the question arose that if the actual write off of bad debts was less than the provision whether the claim can be allowed in terms of the proviso to Section 36(1)(vii). It was argued before the Revenue authorities that the proviso to Section 36(1)(vii) would apply only in respect of rural advances written off as bad and therefore notwithstanding the fact that the actual amount written off is less than the provision for bad and doubtful debts, the assessee would be entitled to the deduction. Both the parties agreed that this issue stands covered by the decision of the Tribunal in assessee's own case in ITA Nos 231 to 237 and 239 to 242 (Mds)/2001 and 907(Mds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT P.V.A.L. Kulandagan Chettiar (267 ITR 654), wherein it has been held as under:- Where liability to tax arises under the local enactment the provisions of Sections 4 and 5 of the Income-tax Act, 1961, provide for taxation of global income of an assessee chargeable to tax thereunder. But this is subject to the provisions of an agreement entered into between the Central Government and the Government of a foreign country for avoidance of double taxation as envisaged under Section 90 to the contrary, if any, and such an agreement will act as an exception to or modification of Sections 4 and 5 of the Income-tax Act. The provisions of such agreement cannot fasten a liability where the liability is not imposed by a local Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessee was located in India or not. 3 . From a bare reading of the order of the Tribunal, it is clearly borne out that both the issues have been remanded back to the Assessing Officer to consider both the issues afresh. 4 . Since it is only remand order, we are of the clear opinion that no substantial question of law can be actually said to be arising from the said order of learned Tribunal. The matter is open before the Assessing Officer, who of'course is expected to take a considered view in proper manner after giving due opportunity of hearing to the Assessee. 5 . The learned counsels were unable to inform as to whether any order has been passed or not by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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