1935 (4) TMI 22

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..... aj Din on the security of both his person and property. In 1924 he instituted a suit for recovery of the amount due which was decreed on the 19th December, 1925. In execution of this decree certain sum were realised leaving a balance of ₹ 26,721 on the 7th April, 1929. The judgment debtor preferred an appeal to this Court against the order of the Senior Subordinate Judge allowing the mortgag .....

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..... Officer but on the ground that the claim was premature as the debt had not become irrecoverable till then. The assessee moved the Commissioner who in effect restored the finding of the Income Tax Officer. Dissatisfied with this finding the assessee applied to the Commissioner under Section 66 (2) requiring him to refer to the High Court the question of law arising out of the Assistant Commissione .....

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..... rvations of their Lordships of the Privy Council in Commissioner of Tax, Central and United Provinces v. Sir S. M. Chitanvis. Whether a debt is a bad debt and if so at what point of time it became a bad debt, are questions of fact to be decided in the event of a dispute by the appropriate tribunal and not by the ipse dixit of any one else. This is no doubt so, but the conclusions of the appropri .....

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