Income Tax Appeal Lodging v. Star Chemicals Bombay
High Court
24 Feb 2009 In favour of: Assessee
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Income Tax Appeal Lodging v. Star Chemicals Bombay
Date of order
24 Feb 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Income Tax Appeal Lodging v. Star Chemicals Bombay, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: Bhor Industries Ltd.reported in 264 ITR 180.In our opinion, there is no merit in this appeal and accordingly, the same is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
failure to remove the office objections, appeal to stand
dismissed without further order of this court.
INCOME TAX APPEAL LODGING NO.1956 OF 2008
1. Office objections waived.
2. The CIT(A) in the course of the discussion notedthat the Assessing Officer had been fair enough to admitin the remand report that the appellant had as many as560 parties having bad debts renging from Rs.202/- toRs.1.00 lakh. The learned CIT (A) further noted that itis not compulsory for the assessee to take legalproceedings against the debtor for recovery of the claimbefore writing off it as a bad debt. In our opinion,the issue stands concluded by the judgment of this courtin Commissioner of Income Tax Vs. Star Chemicals Bombay
Pvt. Ltd. reported in (2008) 220 CTR 319. Considering
the above, in our opinion, Question-A would not arise.
3. In so far as Question-B is concerned,issue iscovered by the judgment of this court in the case ofCommissioner of Income Tax Vs. Bhor Industries Ltd.reported in 264 ITR 180.In our opinion, there is no
merit in this appeal and accordingly, the same is
dismissed.
(R.S. MOHITE, J.)
(F.I. REBELLO, J.)
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