TMI Blog2013 (10) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... me irrevocable after 01.04.1989. It would be sufficient for him to write off the debt as irrevocable in his account. Such being a ratio of the Apex Court when it was not noticed by the Tribunal it chose to recall its earlier order. In the instant case, Tribunal is yet to decide the entire aspect on merits. It has merely directed the office to to refix the hearing on the question whether the ratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire decision which was decided on merit after considering the existing law in this regard? B. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal has erred in law in recalling its earlier order to examine it again in the light of the Hon'ble Supreme Court decision in the case of TRF Ltd. v. CIT (2010) 323 ITR 397 when ratio of that decision is not applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d debts could not have been written off, as claimed by the assessee. He also has relied upon the decision of Apex Court reported in 305 ITR 227 in case of Assistant Commissioner of Income Tax Vs. Saurashtra Kutch Stock Exchange Ltd. highlighting the scope of 'jurisdiction in case of rectification of the mistake and stated that on account of such ratio, there is no need for any interference. 3. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in the approach of the Tribunal as in case of TRF(T.R.F.) Ltd (supra) the Apex Court has made it clear inter alia that it is not necessary for the assessee to establish any more that the debt has become irrevocable after 01.04.1989. It would be sufficient for him to write off the debt as irrevocable in his account. Such being a ratio of the Apex Court when it was not noticed by the Tribunal it ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
