The Tax Publishers2013 TaxPub(DT) 0392 (Guj-HC) : (2013) 050 (I) ITCL 0521 : (2013) 212 TAXMAN 0293

INCOME TAX ACT, 1961

--Appeal (Tribunal)Powers Power to recall is own order--Assessee write off an advance on ground that despite filling a suit, sum was not recoverable. Tribunal by an exports order, held against the assessee. Subsequently assessee filed application or recall of order since he was not present. Held: Request for recall of order was justified showing sufficient ground of assessee's absence, therefore, while deciding the appeal afresh Tribunal rightly overruled objections of assessing officer and allowed the assessees claim of bad debt as condition of section 36(1)(vii) satisfied.

Income Tax Act, 1961 Section 254

In the Gujarat High Court

Akil Kureshi & Harsha Devani, JJ.

Dy. CIT v. Hindustan Ml Swaco Ltd.

Tax Appeal No. 98 of 2012

6 November, 2012

Appellant by : K. M. Parikh

ORDER

Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 5-8-2011 raising following questions for our consideration :

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