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TMI Blog2023 (3) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... of fact. Also see case of Bank of Bihar Ltd. [ 1962 (3) TMI 8 - SUPREME COURT ] Thus we find no reason to interfere with the concurrent findings of the Authorities below inasmuch as whether a debt is bad, being essentially a question of fact. As the appellant has not made out any question of law much less substantial question of law, this tax case appeal stands dismissed. - T.C.A.No.1030 of 2009 - - - Dated:- 10-3-2023 - Honourable Mr. Justice S.Vaidyanathan And Honourable Mr. Justice Mohammed Shaffiq For the Appellant : Mr.N.V.Balaji For the Respondent : Mr.Rajesh Sivanandam for Karthik Rangananthan JUDGMENT MOHAMMED SHAFFIQ, J. This Tax case appeal has been filed challenging the order dated 28.01.2009 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvances were found to have been made in the earlier accounting period i.e., prior to 01.04.1997. 3. Aggrieved over the order of the assessing officer, the assessee preferred an appeal before the Commissioner of Income Tax (Appeal). While considering the plea of assessee, the Commissioner of Income Tax (Appeal) held that the amounts written off cannot be considered as bad debts within the meaning of Section 36(1)(vii) nor could be allowed under Section 37 of the Act. The First Appellate Authority on examining/analyzing the debtor account as appearing in the books of account of the appellant found that the claim of bad debts by the petitioner was not sustainable as no evidence was let in to show the nature of the business transaction betwe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counting period 1998-99 and it is not at all clear as to how the appellant had written off these balances in this account for the period ending 31.03.2001. 4. The matter was carried by way of further appeal by the appellant before the Income Tax Appellate Tribunal. The Tribunal also confirmed the order of the Commissioner of Income Tax (Appeals) and the relevant portion of the said order is extracted hereunder: 6.4. It is seen from the narration of the aforesaid five entries, as appearing in the copy of account that they are in the nature of adjustment / contra entries, reversing some entries made in the past The AR made no efforts to explain, either before the AO, or before the CIT(A), or before us, the nature the individual entr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account all the relevant factors, whereas the opinion of the appellant was found by the appellate authority to be neither honest nor objective, keeping in view the relevant factors. Therefore, the Tribunal rejected the plea of the assessee and confirmed the order of the Commissioner of Income Tax (Appeals). 8. Whether a debt is a bad debt is a question of fact, which would clear from the Judgment of the Hon'ble Supreme Court in Travancore Tea Estates Co. Ltd. v. CIT , (1998) 8 SCC 667 at page 667, wherein it is held as follows: It is well settled that whether a debt has become bad or the point of time when it became bad are pure questions of fact. 9. In this context, it is relevant to point out the observation of the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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