2015 (10) TMI 539

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..... t of the lack of the power of the AO to entertain a claim for deduction, during assessment proceedings, otherwise than by a revised return. The ITAT is right in without a revised return being filed by the Assessee, there was no such restraint on the CIT (A) during the appellate proceedings. However, while permitting such a claim the CIT (A) ought to have examined whether in fact the bad debts were .....

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..... tion of the bad debts written off by him, on the ground that it could have only been made by way of revised return under Section 139(5) of the Act. The CIT (A), however, accepted the Assessee s claim and granted the deduction. The ITAT on an analysis of Sections 36(1) (vii) and 36 (2) of the Act observed that the bad debts written off during the previous year can be allowed as deduction provided i .....

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..... ing that it could only be done by filing a revised return. 4. The said decision in Goetze (India) Ltd. is in the context of the lack of the power of the AO to entertain a claim for deduction, during assessment proceedings, otherwise than by a revised return. The ITAT is right in without a revised return being filed by the Assessee, there was no such restraint on the CIT (A) during the appellate .....

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