TMI Blog1980 (7) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... d Rs. 3,687 under s. 37(2b) on account of entertainment expenses. The matter is covered by the decisions of the Gujarat High Court in CIT vs. Patel Brothers Co. Ltd.(1) and the Bombay High Court in CIT vs. Shah Nanji Nagsi (2) which lay down the test to be applied for finding out whether an item of expenditure would come under entertainment or not. So analysed we find that except for an amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, is academic and is, therefore, rejected. 5. As regards the allowance of bad debts, the facts are that this claim was made by the assessee for the asst. yr. 1974-75 and the ITO rejected the claim. The claim was subsequently repeated for the asst. yr. 1975-76 where also it met with the same fate. On appeal, the CIT (A). looking into the facts and the details of the claim, held that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove, if an application was made by the assessee to the ITO, he would have to revise the assessment for 1974-75 allowing the bad debt claim. Apart from the fact that whatever the ITO can do, the CIT (A) can himself do or direct the ITO to do, this being a proper claim that would have been allowable under s. 155(6) for the asst. yr. 1974-75, we see no reason to interfere with the order of the CIT ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
|