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TMI Blog2016 (8) TMI 1317X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act (in short, 'the Act') is directed against the order dt. 06.11.2015 passed by the Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (in short 'the Tribunal') it relates to the assessment year 2009-10. 2. Counsel for the revenue at the outset conceded that the main question about the claim of privilege fees amounting to Rs. 26.00 Crores and claim of deduction u/Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount and no explanation was offered in this regard and merely writing off in the books of account was not justified as it had to be proved by acceptable evidence that debt became bad and in view of this fact the finding of the Tribunal in deleting the addition is perverse and contended that substantial question of law does arise. 4. We have heard the counsel for the appellant and have perused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on judgment of this Court in Commissioner of Income Tax Vs. State Bank of Bikaner & Jaipur and Commissioner of Income Tax Vs. Jaipur Vidyut Vitaran Nigam Ltd. (2014) 363 ITR 70 (Raj.) and accordingly both the questions are covered by the aforesaid judgment and against the revenue. 6. In so far as the claim about bad debt of Rs. 12,79,968/- is concerned, we notice that the said amount relates to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rely because the assessee has not filed any claim, that could not be considered to be a ground for disallowing a bad debt. 6.1. Admittedly, the amounts were lying outstanding for the last couple of years and the assessee has rightly written off the said amount in the books of account and merely because a suit was not filed and that cannot be considered to be a cogent reason to disallow the claim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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