Delhi High Court
Commissioner Of Income-Tax vs Ram Kishan Mal Ladha Singh on 5 December, 1989
Equivalent citations: [1990]184ITR297(DELHI)
Author: B.N. Kirpal
Bench: B.N. Kirpal
JUDGMENT Kirpal, J.
1. After hearing counsel for the parties, we direct the Tribunal to state the case and refer the following two questions of law to this court :
"1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in deleting the addition of Rs. 68,421 made by the Income-tax Officer under section 41(1) of the Income-tax Act ?
2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that the trade creditor recovering the sums due from the assessed from the broker who wrote off the dues in his books does not amount to cessation of liability in the hands of the assessed within the purview of section 41(1) of the Income-tax Act ?"
2. There will be no order as to costs.