1996 (3) TMI 68

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....TIWARI J.--The applicant (Commissioner of Income-tax, Bhopal), has filed this application under section 256(2) of the Income-tax Act, 1961 (for short "the Act"), seeking direction to the Tribunal to state the case and to refer the under-noted questions, categorised as of law, arising out of the order dated May 8, 1991, passed by the Tribunal in I. T. A. No. 363/Ind of 1986 after rejection of the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....x Appellate Tribunal was justified in holding that the burden was on the Department to establish the year in which the debts had become bad ? (5) Whether, on the facts and in the circumstances of the case, the charging of interest under section 217 on ITNS-150 and inclusion thereof in the demand notice are not conclusive evidence in support of charging of interest directed in the assessment ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er, therefore, disallowed the sales return to this extent. The assessee also claimed technical consultancy charges of Rs. 30,722, incurred allegedly by it for preparation of techno economic feasibility in connection with the expansion of the company. The Assessing Officer disallowed this claim also and held it to be a capital expenditure. The Assessing Officer also disallowed the claim of bad debt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ding is based on appreciation of facts placed on record and is supportable by the decision of Indian Oxygen Ltd. v. CIT [1987] 164 ITR 466 (Cal) which in turn had considered as many as 16 cases of various High Courts and two decisions of the apex court. As regards questions Nos. 3 and 4, the Tribunal held on examination of the facts that certain bad debts, as claimed by the assessee, were allowabl....