9911796707
TMI Blog1995 (10) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... was delivered by THANIKKACHALAM J.--At the instance of the Department, the Tribunal referred the following three questions for the opinion of this court under section 256(1) of the Income-tax Act, 1961 : " (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in deleting the inclusion of Rs, 51,88,655 being interest, commitment charges and guarantee com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd commitment charges of Rs. 11,645 on the ground that there was no chance of realisation of these amounts, the debtors being chronic defaulters. The Income-tax Officer added back these amounts on the ground that these amounts should be treated as income accrued to the assessee as the assessee was following the mercantile method of accounting. On appeal, the Commissioner of Income-tax (Appeals) d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year also. All these three questions in the case of the same assessee came up for consideration before this court in T. C. Nos. 319, 688 and 689 of 1982 (CIT v. Tamil Nadu Industrial Investment Corporation Ltd. (No. 1) [1996] 218 ITR 616) for the earlier assessment years. In the abovesaid tax cases, by a judgment dated November 10, 1994, this court following the judg ment of the Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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