THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
I.T.T.A. Nos.403 of 2010, 49, 346 of 2012, 141, 458, 563 of 2013, 154,
460, 648 of 2014, 423 of 2015, 612 of 2016 and 98 of 2017
COMMON JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)
Heard Mr. J.V.Prasad, learned Senior Standing Counsel for the
appellants and Mr.Sivaraman, learned counsel for the respondent.
Perused the material available on record.
2. These are appeals which were admitted by the Division Bench of this High Court on the following substantial question of law:
1. Whether on the facts and in the circumstances of the case, when the assessee did not satisfy the conditions under Sections 36(1)(vii) read with Section 36(2) of the Act with regard to his claim of bad debts, whether the finding of the Tribunal dismissing the appeal preferred by the Revenue and upholding the claim of the assessee in toto, is sustainable in law?
2. Whether the finding of the Tribunal upholding the claim of the assessee with regard to royalty payments without considering the concurrent reasons of the authorities is sustainable in law?
3. Whether the finding of the Tribunal upholding the claim of the assessee with regard to "commission on removed chits" without 2 appreciating the concurrent reasoning of the department is sustainable in law?
3. Today, when the matters were taken up for hearing, the learned counsel for the appellant produced before the court an order passed by the Division Bench of this very High Court on identical set of appeals by the Revenue which stood decided on 09.06.2023. The leading case being ITTA.No.307 of 2005 and other connected appeals, wherein, these very substantial question of law framed were extensively considered by the Division Bench of this High Court and has rejected the appeal of the Revenue answering the questions of law in favour of the assessee.
4. Given the fact that the matter already stands decided by the Division Bench of this very High Court in the aforesaid batch matters which stood decided on 09.06.2023, we are inclined to endorse the same view. Moreover, this Bench again on 02.11.2023 had the occasion of considering the similar appeals of the Revenue i.e., ITTA.Nos.614 and 630 of 2018, wherein, we had already endorsed the view rendered by the Division Bench in ITTA.Nos.307 of 2005 and batch, decided on 09.06.2023.
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5. In view of the same, the instant appeals also in the light of the decision rendered by the Division Bench of this High Court on 09.06.2023 stands dismissed with the questions of law being answered in favour of the assessee. Thus, all the appeals fail and are accordingly rejected.
6. As a sequel, miscellaneous applications pending if any, shall stand closed. No order as to costs.
_________________ P.SAM KOSHY, J _________________ N.TUKARAMJI, J 07.11.2023 Aqs