Shri. Rajkumar U. Bhansali v. Dy. Commissioner Of Income Tax And Ors

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1645 OF 2012 Shri. Rajkumar U. Bhansali. ..Appellant. v. Dy. Commissioner of Income Tax and ors. ..Respondent. None for the Appellant.None for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 29TH JANUARY, 2013 PC: None for the appellant. 2) Matter was on board Yesterday. At that time also none appeared for the appellant. Therefore, the matter was adjourned to today. Today also none appears for the appellant. In view of the above, the appeal is dismissed. 3)Even otherwise on merits the impugned order of the Tribunal is based on a finding of fact that the transaction in ASN respect of which the deduction as bad debts is claimed by the appellant is not a genuine transaction. Consequently, no question of writing off a fictitious debt can arise. Further, the appellant himself has admitted in the proceeding before the Special Metropolitan Magistrate and the Judge of the Court of Small Causes Mumbai that the alleged debtor had never placed any order of goods nor did the alleged debtor sign any cheque in respect of which proceedings were instituted by the appellant herein. Since the decision is based on a finding of fact, even on merits, we see no reason to entertain the present appeal. 4)The appeal is dismissed with no order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)