The Commissioner Of Income Tax-8 v. V&V Designs Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 438 OF 2007 The Commissioner of Income Tax-8 ...Appellant Versus V&V Designs Pvt. Ltd. ... Respondent. Mr. Suresh Kumar for the Appellant Mr. Atul Jasani for the Respondent. CORAM:B ILAL NAZKI and A.A. KUMBHAKONI, JJ. DATE:SEPTEMBER 9, 2008 P.C.:- Question No. 4(a), as framed in the Memo of Appeal, doesnot raise any question of law. 2.Question No. 4(b) is as follows:- “The question is whether in the facts and circumstances of thecase and in law, the Tribunal is erred in not confirming thedisallowance of Rs.92,43,476/- by concluding that the debtswhich are originally provided for in the books cannot beallowed without appreciating that the original return as well asbooks are revised and the amounts were actually written off?” 3. We understand that the Tribunal remanded the matter back to the Assessing Officer to inspect the Cash Method of Accounting Systemfollowed by the assessee regularly, and thereafter determine the incomeafter ascertaining the factual position in regard to receipt. There is afinding of fact that the assessee was maintaining Cash Method ofAccounting, and, therefore, the Tribunal directed to determine theincome after ascertaining the factual position with regard to debts whichhad been allegedly written off. 4.In this view of the matter, we do not find that any question oflaw falls for determination by this Court in the appeal. The appeal isaccordingly dismissed. BILAL NAZKI, J. A.A. KUMBHAKONI, J.