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2015 (5) TMI 318

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..... ad debts and/or it become irrecoverable. It is not in dispute that as such the assessee written off the said debt in the balance sheet. In the case of T.R.F. Ltd. (2010 (2) TMI 211 - SUPREME COURT ), the Hon'ble Supreme Court has observed and held that for claiming deduction in relation to bad debts, the assessee is only required to establish that the debt has been written off and it is necess .....

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..... .148/Ahd/2011 for the Assessment Year 2006-07, the Revenue has preferred the present Tax Appeal with the following proposed substantial question of law. Whether the Appellate Tribunal has substantially erred in law and on facts in allowing the amount of ₹ 1,58,529/on account of disallowance made of deduction in respect of writing off of the irrecoverable advances and other debit balances .....

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..... ssessee, the learned CIT(A) confirmed the addition made by the AO holding that the amount of ₹ 1,58,529/- representing the advance given to different parties was not arising out of sale and accordingly it was not in the nature of bad debts. Further, the learned CIT(A) deleted the disallowance made by the AO against which the Revenue preferred appeal to which we are not concerned in the prese .....

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..... rs. Bhatt, learned Counsel appearing on behalf of the Revenue has vehemently submitted that the learned Tribunal has materially erred in not appreciating the fact that the amount of ₹ 1,58,529/- representing the advance given to different parties was not arising out of sale and accordingly, it was not in the nature of bad debts. It is submitted that therefore the impugned order passed by the .....

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..... me Court, it cannot be said that the learned Tribunal has committed any error in deleting the addition made by the AO of ₹ 1,58,529/of which the deduction was claimed as written off and as irrecoverable in the accounts of the assessee. 5.0 No substantial question of law arise in the present Tax Appeal and the same deserves to be dismissed and is, accordingly, dismissed. - - TaxTMI - T .....

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