2002 (8) TMI 46

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....UBRAMANIAN J.-In pursuance of the directions of this court in T.C.P. No. 891 of 1991, dated September 29, 1992, the Income-tax Appellate Tribunal has stated a case and referred the following questions of law in relation to the assessment year 1985-86 of the assessee: "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law and had valid materials t....

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....r it related to the assessment year in question and, therefore, added back the said amount. On appeal, the Commissioner of Income-tax (Appeals) found that the assessee had made supplies to the railways in the earlier years and, therefore, the amount could not be taken into account for computing the income of the assessment year in question. The assessee also contended that this amount represented ....

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..... We heard learned standing counsel for the Revenue. The assessee was not served, even though the tax case is of the year 1993. The submission of learned counsel for the Revenue is that the Appellate Tribunal was not correct in allowing the deduction of a sum of Rs. 1,46,950 withheld by the railways as it relates to the supply made in the earlier previous year. We are unable to accept the submi....

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....e also find that the Appellate Tribunal in the order of reference has referred to the claim of the assessee for allowance of bad debts. The Appellate Tribunal found that the debts had become bad, since the assessee could not recover the amounts and the amounts were written off. However, we find that no question has been referred to us on this aspect and, hence, it is not necessary for us to expres....