Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2010 (5) TMI AT This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2010 (5) TMI 842 - AT - Income Tax

Issues Involved:
1. Disallowance of Bad Debts.

Summary:

Disallowance of Bad Debts:

The assessee filed a Miscellaneous Application (MA) seeking reconsideration of the disallowance of bad debts amounting to Rs. 2,92,70,003/-. The assessee contended that the Tribunal did not consider the documents submitted in the paper book during the appellate proceedings. The documents included details of bad debts, letters from Universal Foods, profiles, agreements, and submissions before the CIT (A).

The Tribunal had previously rejected the claim on the grounds that no evidence was provided to prove that the amounts were advanced in the course of business. The Tribunal noted that the assessee failed to furnish necessary details to the A.O., CIT (A), or the Tribunal itself.

The Tribunal reiterated that for an amount to be allowed as bad debt, it must satisfy the conditions u/s 36(2). The assessee's claim was found to be based on approximate figures without establishing the correct amounts involved. The CIT (A) had also found contradictions in the submissions and noted that the assessee failed to provide agreements or evidence of transactions that would satisfy the conditions for bad debt deduction.

The Tribunal concluded that since the assessee did not provide sufficient evidence to substantiate the claim, the disallowance was justified. The Tribunal also stated that it does not have the power to review its own order. Consequently, the MA was dismissed.

Order Pronounced on 14th May 2010.

 

 

 

 

Quick Updates:Latest Updates