1974 (12) TMI 27

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....taram Mills Ltd., Bombay. In this reference we are concerned with the assessment year 1957-58, the previous year of which ended on 31st March, 1957. Although registered as a public limited company, it is an admitted position that the assessee is a section 23A-company for the relevant accounting year. The total assessable income for the assessment year 957-58 was Rs. 6,61,811, and after deducting t....

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....rdingly, the balance amount of Rs. 19,25,000 was written off as a bad debt. It may be mentioned that this amount had been claimed as a deduction against its business income for the assessment year 1957-58, but in the assessment proceedings it was finally disallowed by the Tribunal on the ground that it was not a permissible deduction under section 10(2)(xi) of the Indian Income-tax Act, 1922. It w....

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.... proceedings, but it was of the opinion that the losses incurred by the assessee-company related to capital losses, and under section 23A the Income-tax Officer was not concerned with the capital position of the assessee. It is from this decision of the Tribunal that the assessee had come to the High Court, and the question canvassed before us in this reference is, whether the Tribunal was righ....