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2011 (12) TMI 359 - RAJASTHAN HIGH COURTDisallowance u/s 36(1)(vii) - Rectification of mistake - Held that: it is found that undisputedly the bad debts represent advances made by the assessee as long back as 10 years prior to the period under consideration and they were not required to be examined in those periods as the assessee has not claimed them as allowable expenditure of the business - , learned counsel for the petitioner submitted that even the assessing authority was not justified in rejecting the said claim of bad advances and bad debts on the ground that the said advances were partly made to concerns of one Rajendra Porwal Group against whom upon search operation carried out under s. 132 - The requirement on the part of the assessee to establish that debts in question had really turned bad is no longer there after ast April, 1989 and it is left to the business prudence of the assessee to claim such deduction by merely writing off such advances or debts as bad debts in the books of accounts and debiting the same in the P and L a/c of the assessee - Held that: Tribunal apparently fell into an error in not rectifying the said mistake apparent on the face of record, which is nothing more than a mistake of fact and even if it is construed to be a mistake of law, it is apparent mistake of law, which would also fall within the scope of rectifiable mistake under s. 254(2) - Petition is allowed
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