1991 (1) TMI 3

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....application under section 256(2) of the Income-tax Act, 1961 (for short, "the Act"), with a prayer that the Incometax Appellate Tribunal may be asked to state the case and refer the question of law framed in paragraph 5 of the petition to this court for opinion. The question which has been framed and which is sought to be referred is as under : "Whether, on the facts and in the circumstances of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....unt of Rs. 13,882 on other accounts such as Prashant Agencies, Reliable Extraction, etc. So far as the amount of Rs. 13,882 is concerned, it was offered for taxation and the dispute is only in respect of Rs. 26,08,065. After writing off the aforesaid amount, the assessee claimed that the same is not taxable since the decision to write it back was unilateral and the case is pending in the Bombay Hi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of liability as contemplated by section 41(1) of the Act as the creditor, Messrs. Patel Holdings, has not given up its claim and litigation is still pending before the Rajasthan High Court as well as the Bombay High Court before the company judge. The Revenue preferred an appeal before the Tribunal and the Tribunal, by its order dated November 23, 1987, in agreement with the Commissioner of Incom....