The Commissioner Of Income Tax – 6, Mumbai v. M/S.avhan Technologies Limited, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2463 OF 2009 The Commissioner of Income Tax – 6, MumbaiVersus ..Appellant. M/s.Avhan Technologies Limited, Mumbai ..Respondent. Mr.Suresh Kumar for the appellant. None for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 7[th] January, 2010. P.C. : 1.The following two questions of law have been formulated in the Appeal filed by the revenue : a)Whether, on the facts and circumstances of the case, the Tribunal was justified in law in deleting the addition of Rs.10,65,000/- on account of bad debts made by the A.O. even though the debt has not become bad during the relevant A.Y. 2001-02 ? b)Whether on the facts and in the circumstances of the case, the I.T.A.T. is justified in law in deleting the addition of Rs.1,35,494/- which included the amount of Rs.1,32,754/- representing interest on delayed payment which pertained to the A.Y. under appeal ? appearing for the revenue states that the issue is covered against the revenue in the Judgment of this Court in Oman International [313 ITR 128 (Bom.)]. 3.In so far as the second issue is concerned, the Tribunal has confirmed a finding of fact which has been recorded by the Commissioner of Income Tax (Appeals) in para 4 of the Judgment. 4.Hence, no substantial question of law arises in this appeal. The appeal is accordingly dismissed. No order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)