1982 (2) TMI 100

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....nce by the ITO of bad debts amounting to Rs. 2,664. The following debts were outstanding to the assessee. Rs. a M/S. Walchandnagar Industries Ltd. 696 b. M/s Chandego Sugar Mills 1,263 c. M/S. Chitram & Co. 685 Total 2,644 The ITO has disallowed these claims on behalf of the assessee mainly on the ground that the write off by the assessee was premature. The CIT (A) has upheld the ITO....

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....n of the assessee of the order of the CIT(A) is on the ground that the CIT (A) erred in sustaining the levy of interest of Rs.10,028 under s. 139(8) charged by the ITO treating the assessee-firm as an unregistered firm. The assessee's main grievance is that the levy of interest under s. 139(8) even in the case of a registered firm as if the firm was an unregistered firm was clearly violative of Ar....

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....he case of the ld. Rep. for the assessee that since there is conflict in the legal decisions, we should follow the decision which favoured the assessee. We, however, are of the opinion that where there are two views on the constitutional validity of a legal provision, we should follow the view which upheld the constitutional validity of the provision in interpretation which struck at the root of t....