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2008 (8) TMI 22 - HC - Income TaxDeduction of bad debt written off - AO disallowed bad debts to the extent of 25% relating to the government telephone department and 15% relating to the other private parties - the logic applied by the AO is curious and not acceptable - assessee is not required to establish that the debt has become bad in the relevant previous year and it is sufficient for the purposes of claiming deduction on account of bad debts that the concerned debt had been written off as irrecoverable in the books.
Issues:
Appeal against Tribunal's order on writing off bad debts by the assessee for the assessment year 2003-2004. Analysis: The appeal before the High Court concerned the issue of writing off bad debts by the assessee for the assessment year 2003-2004. The Tribunal had examined the amendment in Section 36(1)(vii) of the Income Tax Act, 1961, effective from 01.04.1989. It concluded that the deduction claimed by the assessee on account of bad debts, including those from government departments and private parties, was fully allowable under Section 36(1)(vii) read with Section 36(2) of the Act. In the return of income, the assessee had claimed a deduction of Rs 1,67,33,202/- for bad debts written off, with a portion related to the government telephone department and the rest to private parties. The Assessing Officer disallowed a portion of the claimed amount, resulting in an addition of Rs. 36,44,046/-. The Assessing Officer's rationale for disallowing a percentage of the bad debts written off was found to be unconvincing by the High Court. The Tribunal, relying on a previous court decision, held that the assessee was not required to prove that the debt had become bad in the relevant year, but only needed to show that the debt had been written off as irrecoverable in its books. The High Court, after considering the arguments and precedents, found no reason to interfere with the Tribunal's order. It concluded that no substantial question of law arose for consideration and dismissed the appeal.
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