M/S.Moulana & Co Ltd vs The Joint Commissioner on 9 March, 2006

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS           

Dated: 09/03/2006 

Coram 

The Hon'ble Mr. Justice P.SATHASIVAM   
and 
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR      

T.C. (A) No.11 of 2006


M/s.Moulana & Co Ltd  
169, Angappan Naicken Street, 
Chennai-600 001.                                ...     Appellant

-Vs-

The Joint Commissioner 
        of Income tax,
Special Range-I, Chennai.                       ...     Respondent

        Appeal under Sec.260A of the Income Tax Act, 1961 against the order of
the Income Tax Appellate Tribunal,
'A' Bench, Chennai, dated 31.08.2005, in ITA No.1574/Mds/99 
Assessment Year 1996-97   

!For Appellant          ::      Mr.Subbaraya Aiyar

^For Respondent         ::              ---

:JUDGMENT   

(Judgment of the Court was delivered by P.SATHASIVAM, J.)

It is not in dispute that the amount of debt had not been
taken into account while computing the income of the assessee for the previous
year. In such circumstances, in view of Section 36(2)(i) of the Income Tax
Act, the claim of bad debt cannot be allowed. The Commissioner as well as the
Appellate Tribunal considered this aspect and rightly rejected the claim of
the assessee. We do not find any substantial question of law for entertaining
this Appeal. Accordingly, the same is dismissed.