Judgment :- K. Raviraja Pandian, J. 1. Whether the Appellate Tribunal was right in law in holding that the appellant is not entitled to deduction of the provision made in respect of Non Performing Assets which are considered irrevocable? 2. Whether the Appellate Tribunal was justified in not appreciating that the provision made in respect of Non Performing Assets if not allowable as a bad debt is allowable as a business loss? 2. The assessee filed a return of income for the assessment year 1997-98 on 211. 1999 declaring a loss of Rs.4,85,81,390/-. Regular assessment under section 143 (3) of the Act was completed on 14.03.2000 determining the total income at Rs.4,59,19,240/-. While completing the assessment, the assessing officer has added back the provision made for non performing assets. The assessing officer held that such income accrued to the appellant and was very much in existence and therefore taxable. Aggrieved against that order of the assessing officer, the appellant filed an appeal before the Commissioner of Income Tax (appeals), who confirmed the order of assessment. The further appeal taken by the assessee to the Tribunal also ended in dismissal. The correctness of the same is put in issue before this Court. 3. At the time of hearing, learned counsel for the assessee fairly submitted that the questions of law raised in this appeal is squarely covered against the revenue by the decision of a Division Bench of this Court dated 09.02.2009 made in Tax Case Appeals Nos.107 to 110 of 2002 (TVS Finance & Services Ltd. v. Joint Commissioner of Income Tax, Special Range XI, Chennai). 4. Following the said decision, the appeal is dismissed. No costs.