9911796707
TMI Blog1990 (1) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal, dated July 30, 1984 in I. T. A. Nos. 175/(Coch) of 1982 and 269/(Coch) of 1982. The matter relates to the assessment year 1977-78. The three questions of law referred for the decision of this court are as follows : At the instance of the assessee: " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee's claim for deduction of Rs. 40,81,140 as an item of bad debt written off is not allowable ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee's claim for deduction of Rs. 40,81,140 as an item of business loss is not admissible ?" At the instance of the Department : "3. Whether, on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nning concern of a Bombay company, on September 1, 1976. A day prior thereto, that is, on August 31, 1976, the entire amount due to the assessee-company from Messrs. Chennai Bottling Co. Pvt. Ltd. was written off as a "bad debt". During the course of the assessment for the year 1977-78, a plea was put forward that the said sum is business loss or, at any rate, a bad debt. The Income-tax Officer rejected the plea. In appeal, the Commissioner of Income-tax (Appeals) reduced the total income by Rs. 11,36,779, holding that it is a "business loss" consequent on the sale of stock-in-trade and consumable goods in store. The assessee, as well as the Revenue, filed appeals before the Appellate Tribunal, I. T. R. No. 175/(Coch) of 1982 and I. T. A. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. It is also brought to our notice that a Miscellaneous Petition No. 21 / (Coch) of 1989 was filed before the Appellate Tribunal by the assessee to forward a supplementary statement of the case to this court for the purpose of making available the 16 additional documents by way of annexures. The Appellate Tribunal held that the assessee did not object to the draft statement of the case prepared by the Tribunal, though the assessee had two opportunities to do so on May 6, 1985, and June 28, 1985. It is also seen stated in the order of the Appellate Tribunal, that there was no requisition from the court stating that these documents were necessary for the disposal of the reference applications. Stating these factors, the Appellate Tribunal de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer is a loss on the sale of current assets. It is revenue loss. The above facts, amongst others, referred to by the Appellate Tribunal, are evidently borne out by documents. Some of them have been referred to in detail, whereas some of them have been referred to in general and, regarding some others, only a casual reference has been made. In order to properly and satisfactorily answer the questions referred to us, it will be necessary and proper to refer to those documents in detail. But none of the documents referred to by the Appellate Tribunal in its appellate order form part of the statement of the case ; nor are they included in the paper book. We find that as many as 19 documents have been included in the list of documents in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hala Northern India Tanneries Ltd. v. State of Punjab [1975] 35 STC 375 (P H). In so far as the Appellate Tribunal has not forwarded a proper statement of the case with all details and has also not included even the vital documents as enclosures in the paper book, we are not in a position to answer the questions referred to us. We, therefore, decline to answer the questions referred to us in both these references. We would only add that it is open to the Appellate Tribunal, if it is so inclined, to draw up a proper statement of the case and forward the same along with all essential and material documents and papers relied on by it in the appeals. The reference is disposed of accordingly. A copy of this judgment under the seal of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
