Allowing the reference of the assessee the Court held that ; Provision for doubtful over due instalments, disallowance cannot be made by intimation under section 143(1)(a) of the Act, as it requires that a party be given an opportunity to establish its claim before disallowing it. It would have been a completely different matter if the Apex Court had ruled that in no case can provision for bad debts be allowed as a bad debt under section 36(1)(vii) of the Act. Court also observed that ; 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. ( ITA No. 25 of 2000, dt. 23.02.2018)( AY.1993-94)
Bajaj Auto Finance Ltd. v. CIT (2018) 404 ITR 564 / 166 DTR 379 (Bom)(HC) , www.itatonline.org
S. 143(1)(a) : Assessment – Intimation –Provision for doubtful over due instalments – Adjustment was held to be not valid – Interpretations given by High Courts and Tribunals cannot be ignored by the Assessing Officers [ S. 36(1)(vii), 36(2) ]