1982 (2) TMI 100

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nce by the ITO of bad debts amounting to Rs. 2,664. The following debts were outstanding to the assessee. Rs. a M/S. Walchandnagar Industries Ltd. 696 b. M/s Chandego Sugar Mills 1,263 c. M/S. Chitram Co. 685 Total 2,644 The ITO has disallowed these claims on behalf of the assessee mainly .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... llow them in that year as required under s. 36(2) (iv) of the IT Act. 2. The second objection of the assessee of the order of the CIT(A) is on the ground that the CIT (A) erred in sustaining the levy of interest of Rs.10,028 under s. 139(8) charged by the ITO treating the assessee-firm as an unregistered firm. The assessee's main grievance is that the levy of interest under s. 139(8) even in th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... H) according to which the relevant provision did not violate against the Constitution. It is the case of the ld. Rep. for the assessee that since there is conflict in the legal decisions, we should follow the decision which favoured the assessee. We, however, are of the opinion that where there are two views on the constitutional validity of a legal provision, we should follow the view which uphe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X