JUDGMENT - Chagla, C.J.

[1] The joint family, of which the assessee was at out time a member, had advanced certain loans to the Warad family. On partition of that joint family, the debts due to the family came to the share of the assessee. A suit was filed by the assessee for recovery of those debts against the Warad estate, but the suit was dismissed by the trial Court. There was an appeal to this Court, but this Court dismissed the appeal on 29-9-1941. The question that arose for consideration by the income-tax authorities was as to when these loans advanced by the family to the Warad estate became a bad debt. The Income-tax Officer held that the loans were not advanced in the course of the pint family business and therefore the claim of the assesses to deduct this amount as a bad debt was disallowed. The Appellate Assistant Commissioner on appeal held that the debt had become a bad debt many years prior to the year of assessment. Then there was an appeal to the Tribunal, and the Tribunal held that the debt had become a bad debt on 29-9-1941, when the judgment of the High Court was delivered. Now the assessment year which the Tribunal was considering was the year 1943-44 and the a

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