JUDGMENT
Venkataswami, J.
1. Pursuant to an order of this Court in TCP No. 271 of 1971, dt. 12th Nov., 1979, the Tribunal has referred to this Court the following two questions :
“(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the write off for the purpose of the claim of bad debt under s. 36(2) of the Act should be made when the assessee makes up his accounts for the first time and not later on at any time before the assessment was completed ?
(2) Whether, on the facts and in the circumstances of the case, there was material, for the Tribunal to hold that the amount had not become irrecoverable in the year of accounting ?”
2. On the facts, the Tribunal has found that the assessee filed a revised return for the year 1967-68 on 26th March, 1972, whereas the assessment order for that year was passed on 25th March, 1972. That being the position on which there is no dispute, the claim for write off having not been in accordance with the requirement of s. 36(2) of the IT Act, 1961, we do not think there is any case for interference with the conclusion reached by the Tribunal as it is clear that the assessee has not written off at least before the assessment order was made for the relevant year. In view of the fact as found by the Tribunal and as accepted by us, we answer the first question in the affirmative and against the assessee. In view of our answer to question No. 1, it is not necessary for us to answer question No. 2. Hence, we return that question without answering the same.
