COMMISSIONER OF INCOME TAX Vs. SIDHWA BROTHERS

JUDGEMENT

(1.) A construction of the provisions of S. 155(6) of the IT Act, 1961, is called for in this reference at the instance of the Revenue.

(2.) FOR the asst. year 1964 65, the assessee claimed a bad debt of Rs. 10,305. The ITO disallowed the claim on the ground that the debt bad become bad not in the previous year relevant to the asst. year 1964 65 but in the preceding previous year. The ITO's finding was upheld in appeal. At this stage, the assessee requested the AAC to direct the ITO to rectify the assessment for the asst. yr. 1963 64 under the provision of S. 155(6). The AAC declined to do so, but observed that the assessee was free to ask the ITO to make such a rectification. The assessee so asked. The ITO rejected the application. The assessee preferred an appeal to the AAC. The AAC analysed the provisions of S. 155(6) and directed the ITO to make the rectification.

(3.) FROM out of the Tribunal's judgment this question arises :