Itta/204/2013 Of Commissioner Of Income Tax - Ii v. M/S. Healthware Private Limited

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF JULYTWO THOUSAND AND THIRTEEN PRESENT THE HON’BLE THE CHIEF JUSTICESRI KALYAN JYOTI SEN GUPTA AND THE HON'BLE MS. JUSTICE G.ROHINI I.T.T.A. No.204 OF 2013 Between: Commissioner of Income Tax-IIHyderabad. ..... Appellant AND M/s. Healthware Private Ltd., Serene Towers, 4[th] Floor,Road No.10, Banjara Hills,Hyderabad. .....Respondent The Court made the following : JUDGMENT:(per the Hon’ble the Chief Justice Sri K.J. Sengupta) After hearing Sri S.R. Ashok, learned counsel for the appellant and going through the impugned judgment and order of the learned Tribunal, we do not find any reason tointerfere with the judgment and order passed by the learnedTribunal. The learned Tribunal arrived at correct legalconclusion that under Sec. 36(1)(vii) of the Income Tax Act,1961 what is required is writing off the debt in the books ofaccounts and after amendment, there is no requirement fort h e assessee to prove that the debt became bad.Consequently, the Commissioner of Income Tax (Appeals)after taking into consideration the fact that the debts werewritten off and the amended provision of Sec. 36(1)(vii), hasallowed the claim of the assessee. The learned Tribunal hascome to a correct legal conclusion and has rightly dismissedthe appeal preferred by the Revenue. We do not find anyquestion of law involved in the matter. Consequently, we dismissed the appeal. No order asto costs. ______________________ Kalyan Jyoti Sengupta, CJ. July 04, 2013MAS __________ G.Rohini, J.