LAWS(DLH)-2014-12-333

RAMSONS ORGANICS Vs. COMMISSIONER OF INCOME TAX

Decided On December 12, 2014
Ramsons Organics Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) THIS appeal by the assessee under Section 260A of the Income Tax Act, 1961 (Act, for short) relates to assessment year 2005 -06 and was admitted for hearing vide order dated 7th July, 2014 on the following substantial question of law: -

(2.) THE impugned order passed by the Income Tax Appellate Tribunal (Tribunal, for short) is dated 28th June, 2013.

(3.) IN the first appeal, the assessee raised a ground that Rs. 25,33,078/ - should not be treated as bad debt relatable to the Assessment Year 2005 -06. The submission was that the two amounts totalling Rs. 25,33,078/ - were not written off as bad debt in the year in question, but had been written off in the assessment years 2008 -09 and 2007 -08. Accordingly, they would impact the profits for the assessment years 2008 -09 and 2007 -08, without affecting the profits of the current year, i.e. the assessment year 2005 -06. The Commissioner of Income Tax (Appeals) rejected the said contention, observing: -