Itxa/7020/2010 Of The Commisioner Of Income Tax- 4 Mumbai v. Shri Ramesh M. Damani

itxa7020-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.7020 OF 2010 The Commissioner of Income Tax-4, Mumbai ..Appellant. V/s. Shri Ramesh M. Damani ..Respondent. Mr. Vimal Gupta, senior Advocate for the appellant.Mr. Hiro Rai with Subhash Shetty for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ.DATED : 9TH OCTOBER, 2012 P.C. :- 1.The question of law raise by the revenue in this appeal reads thus :- “ Whether on the facts and circumstances of the case and in law, the Tribunal erred in deleting the addition made on account of disallowance of bad debts amounting to Rs.,28,59,656/- ignoring the finding of the AO that provisions of section 36(2) and section 36(1)(vii) do not apply in the present case ? 2.Counsel for the parties state that the aforesaid question raised by the revenue is covered against the revenue by the decision of this Court in the case of CIT V/s. Shreyas S. Morkhia reported in (2012) 342 ITR 285 (Bom). In this view of the matter, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)