TMI Blog2012 (4) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... the order, on any of the grounds decided against him which renders that Assessee would be entitled to urge that the deletion of the disallowance of Rs.13.73 lacs by the CIT(A) was correct and proper. Assessee, however, would not be entitled to avail of the benefit of the provisions of Rule 27 in regard disallowance of Rs.14.96 lacs confirmed by CIT(A). Therefore, Tribunal erred in setting aside the order of the CIT(A) in its entirety. Order of the Tribunal would have to be confirmed only to the extent to which it restores the proceedings to the Assessing Officer as regards the amount of Rs.13.73 lacs – Decided in favor of Revenue. - INCOME TAX APPEAL NO.97 OF 2012 - - - Dated:- 26-3-2012 - DR. D.Y.CHANDRACHUD M.S.SANKLECHA, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 November 2007 confirmed the disallowance made by the Assessing Officer to the extent of Rs. 14,96,064/. However, the Assessee was granted relief to the extent of Rs. 13,73,887/under Section 36(2). 5 Both the Revenue and the Assessee filed appeals before the Tribunal. The grounds taken by the Revenue were as follows: 1. On the facts and circumstances of the case and in law, the ld. CIT (A) has erred in deleting the disallowance of Rs. 13,73,885/, claimed as bad debts, holding that the same is allowable as business loss eligible for deduction u/s 28(1) of the I.T. Act, 1961; 2. Further placed in the above factual and legal scenario, the impugned order of the ld. CIT (A) is, the appellant prays, patently perverse and contrary to l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record by the parties and in the interests of justice it was appropriate to remand the entire matter pertaining to the disallowance of Rs.28,69,951/to the Assessing Officer. Accordingly, the order passed by the Assessing Officer on this account was set aside in its entirety and the Assessing Officer was directed to decide afresh in view of the decision of the Special Bench. 8 Learned counsel appearing for the Revenue submitted that: (i) The Assessing Officer had disallowed the entire claim of Rs. 28,69,951/on account of bad debts; (ii) The Commissioner of Income Tax (Appeals) confirmed the disallowance to the extent of Rs.14,96,064/, but allowed the appeal of the Assessee to a limited extent by granting the claim to the extent of Rs.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed against on any of the grounds decided against him. 11 Under Rule 27 the Respondent is permitted to support the order appealed against, though he may not have appealed against the order, on any of the grounds decided against him. In B.R. Bamasi v/s Commissioner of Income Tax 1972 (83) ITR 223 (Bombay), a Division Bench of this Court noted an earlier judgment in Commissioner of Income Tax v/s Hazarimal Nagji Co. [1962] 46 ITR 1168 (Bombay) which had held that the Respondent in an appeal is undoubtedly entitled to support the decree which is in his favour on any grounds which are available to him, even though the decision of the Lower Court in his favour may not have raised those grounds. In this regard the Division Bench had held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance to the extent of Rs.28.69 lacs. The order of the Tribunal would have to be confirmed only to the extent to which it restores the proceedings to the Assessing Officer as regards the amount of Rs.13.73 lacs. We, accordingly, answer the question of law in the negative, in favour of the Revenue and against the Assessee. 14 However, on the request of the learned counsel appearing for the Assessee, we leave it open to the Assessee, if he is so advised, to adopt any proceedings or remedies that may be available in law in regard to the restoration of the appeal which was withdrawn before the Tribunal. We do not make any observation in regard to the maintainability of such an application and it would be open to the Tribunal to deal with such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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