Bombay High Court
Commissioner Of Income-Tax vs Batliboi And Co. P. Ltd. on 1 December, 1988
Equivalent citations: [1989]177ITR289(BOM)
Author: S.P. Bharucha
Bench: S.P. Bharucha
JUDGMENT Bharucha, J.
1. The reference before us relates to the assessment year 1971-72 and raised the following question:
"Whether, on the facts and in the circumstances of the case, the sum of Rs. 6,052 written back in the assessee's books, as being no longer payable to the depositors, is liable to be included in the assessee's total income ?"
2. The assessee has not appeared though served and has intimated to the Revenue that it does not desire to appear and contest. This would appear to be because the issue to be decided in the question that is referred is covered by the decision of this Court in the assessee's own case pertaining to the assessment year 1969-70 viz., CIT v. Batliboi and Co. (P) Ltd. [1984] 149 ITR 604. Following that judgment, the question before us is answered in the affirmative and in favour of the Revenue.
3. No order as to costs.