The Commissioner Of Income Tax v. M/S.channel Guide India Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.883 OF 2007 INCOME TAX APPEAL NO.883 OF 2007 The Commissioner of Income Tax .. Appellant Vs. M/s.Channel Guide India Ltd. .. Respondent Mr.Vimal Gupta for the Appellant. Mr.Nilesh Joshi i/by Mr.A.K.Jasani for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. DATE : 1st August, 2008 DATE : 1st August, 2008 P.C. P.C. 1. Heard the learned Counsel for the parties. By this Appeal the Appellant is seeking to raise the following substantial question of law:- "Whether on the facts and in the circumstances of the case and in law, the Hon’ble Tribunal is justified in deleting the addition of Rs.19,77,374/- made by the assessing Officer on account of the bad debts being claimed by the assessee without appreciating the fact that the claim of bad debts was premature and the assessee did not make any honest attempts to recover the same before writing off." 2. Perused the judgment and order of the Income Tax Appellate Tribunal dated 1st October, 2003. Especially for the reasons in paragraph No.8 of the said order, the Tribunal has clearly given a finding in favour of the Assessee holding that the Assessee was entitled to claim bad debts. Under these circumstances, we do not find any substantial question of law in the above, as it is only a finding of fact. Hence, the Appeal stands dismissed. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)