JUDGMENT

THOMMEN, J :— These appeals under certificate arise from the common judgment of the High Court of Gujarat in the Commr. of Income-tax, Gujarat III v. Poonjabhai Vanmalidas, (1976) 105 ITR 388 (Guj). The assessee is the same in all the cases. The assessment years in question are 1964-65, 1965-66 and 1967-68. In the relevant previous years, the assessee received certain amounts and they were assessed under S. 41(4) of the Income-tax Act, 1961 (hereinafter referred to as the "1961 Act"). The contention of the assessee was that he was not assessable under Section41(4) of the 1961 Act because these amounts had been written off as bad debts in the year 1959-60 and his claim for deduction, though initially disallowed by the Income-tax Officer, was subsequently allowed by the Income-tax Appellate Tribunal in I.T.A. Nos. 673-676 (AHD) dated 12-7-1963. The business of the assessee had discontinued prior to the previous year in which any part of the amount was received, and consequently, it was contended, these amounts when received were not assessable to income-tax under S. 41(4) of the 1961 Act as that section was not in pari materia with Section 10(2)(xi) of the Income-tax Act, 19