TaxTMI 
TaxTMI 
1987 (3) TMI 154
X X X X Extracts X X X X
X X X X Extracts X X X X
.... and the debenture loan for the different years as appearing in Balance Sheets were as under : --------------------------------------------------------------------------------------------------------------------------------------------------- Asst. Accounting Debenture Redemption 8.5 % Deben- Debentures Year Year Reserve tures re- ------------------------------------------ Transfer Balance deemable redeemed from P. & (in lakhs) 1976/84 during L. A/c. (in lakhs) the during the yr. end-yr. ing (in lakhs) (in lakhs) Rs. Rs. Rs. Rs. --------------------------------------------------------------------------------------------------------------------------------------------------- 1 2 3 4 5 6 -------------------------....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ourt in the said case were considering transfer of Rs. 1.50 lakhs and Rs. 4.50 lakhs in accounting year ending 31-7-1964 and 31-7-1965 to preference share capital redemption reserve account for redemption of redeemable cumulative preference shares of Rs. 6 lakhs redeemable on 31-12-1970 or earlier at the option of the assessee. The High Court held that the said reserve was created u/s. 80 of Companies Act and was, therefore, a reserve under Rule 1 of Second Schedule of Sur-tax Act. The High Court did not consider the question whether the said reserve was a provision to meet a known liability. 5. However, the Bombay High Court in CIT v. National Rayon Corpn. Ltd. [1986] 160 ITR 716 had clearly held at page 721 that the debenture redemptio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....2/Bom./1982 has been filed which shows that the Bench had followed CIT v. Golden Tobacco Co. Ltd. [1977] 108 ITR 453 (Bom.) where transfer of ad hoc amounts to doubtful debts reserve account, year after year without considering soundness of debts was held to be reserve as the said amounts were transferred to general reserve and the bad debts were debited directly to profit & loss account and not to doubtful debts reserve account. 8. In the years under consideration before us (A.Ys. 1977-78 to 1980-81), the learned counsel for the assessee urges that we should follow the earlier order of the Bench and emphasised that the following bad debts were written off directly to the profit & loss account of the relevant years : Asst. Year Bad de....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed to cover all debts over six months old and that no attempt was made to estimate which of these debts would really become bad debts. As against this, the factual position in the case before us is that the company considered only a portion of the unsecured sundry debtors over six months old to be doubtful debts. The Bombay High Court in National Rayon Corpn. Ltd.'s case while dealing with gratuity reserve had observed that even when ad hoc sum is appropriated for meeting liability for payment of gratuity without resorting to any scientific basis, such appropriations would also be a provision. Considering the facts of the case before us for the four years under consideration, we hold that the provision for doubtful debts has a clear and dir....