|COURT:||Bombay High Court|
|CORAM:||M. S. Sanklecha J, Riyaz I. Chagla J|
|SECTION(S):||143(1A), 36(1)(vii), 36(1)(viii)|
|CATCH WORDS:||Bad Debt, binding precedent, prima facie adjustment, provision for bad debts|
|DATE:||February 23, 2018 (Date of pronouncement)|
|DATE:||March 8, 2018 (Date of publication)|
|FILE:||Click here to view full post with file download link|
|S. 143(1)(a): Submission of Dept that decisions of Courts and Tribunals interpreting a provision is to be ignored by the AO will ring the death knell of Rule of law in the Country. It ignores the hierarchical system of jurisprudence in our country. The AO is bound by the views of the Court. Law on s. 36(1)(viii) (Bad debts) explained|
“Litera Leges, certainty concept and on the concept that there is no equity on fiscal law irrespective of any judgment of any Hon’ble Court or Tribunal a go by cannot be given to the aforesaid interpretations given in this written submission”.
The above submission that decision of the Court and / or Tribunal interpreting a provision is to be ignored by the Assessing Officer, if accepted will ring the death knell of Rule of law in the country. The Assessing Officer is bound by the views of the Court. The above submission ignores the hierarchal system of jurisprudence in our country.