(M.R. Shah and B.V. Nagarathna, JJ.)
Principal Commissioner of Income Tax 1 ________________ Appellant;
v.
Babubhai Ramanbhai Patel __________________________ Respondent.
Civil Appeal No. 3194 of 2022 (Arising out of SLP (C) No. 25470 of 2018), decided on April 26, 2022
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard Mr. Rupesh Kumar, learned counsel, appearing on behalf of the Revenue and Mr. Ramesh Singh, learned Senior Advocate, appearing on behalf of the assessee.
3. Feeling aggrieved and dissatisfied with the impugned order passed by the Division Bench of the High Court of Gujarat at Ahmedabad dated 14.08.2017 passed in Tax Appeal No. 499 of 2017 by which the additional question proposed by the Revenue, namely, “Whether the Appellate Tribunal was right in deleting the disallowance on account of bad debts written off amounting to Rs. 6,65,78,426/-” has not been framed by the High Court, the Revenue has preferred the present Appeal.
4. Having heard the learned counsel appearing for the respective parties and even considering the findings recorded by the CIT-A that the written off amount of Rs. 6,65,78,426/- as bad debts by the assessee was fraudulent and not genuine and since there is no further discussion by the High Court in the impugned order on the aforesaid, we are of the view that the High Court ought to have framed the aforesaid additional question so that the same could have been heard along with the other questions of law framed while admitting the appeal.
5. In view of the above and for the reasons stated above and without expressing anything on merits on the proposed additional question, we set aside the impugned order passed by the High Court and we direct that the following question of law, namely, “Whether the Appellate Tribunal was right in deleting the disallowance on account of bad debts written off amounting to Rs. 6,65,78,426/-” be also dealt with and considered by the High Court along with the other questions of law in accordance with law and on its own merits.
6. With this, the present Appeal is allowed to the aforesaid extent. There shall be no order as to costs.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 25470/2018
(Arising out of impugned final judgment and order dated 14-08-2017 in TA No. 499/2017 passed by the High Court Of Gujarat At Ahmedabad)
Principal Commissioner of Income Tax 1.….Petitioner(s)
v.
Babubhai Ramanbhai Patel.….Respondent(s)
Date : 26-04-2022 This petition was called on for hearing today.
(Before M.R. Shah and B.V. Nagarathna, JJ.)
For Petitioner(s) Mr. Rupesh Kumar, Adv.
Mr. Santosh Kumar, Adv.
Mr. A.K. Srivastava, Adv.
Mr. Sughosh Subramanyam, Adv.
Mr. Udai Khanna, Adv.
Mr. Raj Bahadur Yadav, AOR
For Respondent(s) Mr. Ramesh Singh, Sr. Adv.
Ms. Monisha Handa, Adv.
Mr. Rajul Shrivastav, Adv.
Mr. Mohit D. Ram, AOR
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The present Appeal is allowed to extent as indicated in the signed order.
9. Pending applications, if any, stand disposed of.
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