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A mere provision for bad debt would not be entitled to deduction under Section 36(1)(vii) of the Act.ThisOrder quashed and matter is remitted to Assessing Officer.

Shanti Prime Publication Pvt. Ltd.

Sec. 36(1)(vii) of Income Tax Act, 1961 - Business Disallowance - The assessee filed its return of income for the Assessment year 2014-15 by declaring total income of Rs. 7,71,76,700/- and thereafter he filed revised return of income by declaring total income of Rs. 20,83,75,020/-. The original return of the assessee was processed under Section 143(1) of the Act and the case of the appellant was selected for scrutiny. Notices under Section 143(2) and 142(1) of the Act were issued. The AO passed under Section 143(2) of the Act inter alia held that from perusal of the ledger extracts, it is evident that no credit entry on the account of bad debts has been made in the debtors account during or at the end of financial year 2013-14. Accordingly, the bad debts written of to the extent of Rs. 11,45,33,140/- were disallowed. Assessee could not get relief from CIT(A) and Tribunal. High Court held that “from the close scrutiny of the orders passed by the AO, CIT(A) as well as Tribunal, we find that aforesaid aspect of the matter has not been examined. Therefore, the impugned orders are quashed and the matter is remitted to the AO” - HAJEE A.P. BAVA AND COMPANY CONSTRUCTIONS PVT. LTD. V/s ASSTT. CIT - [2020] 272 TAXMAN 230 (KARN)

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