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2017 (6) TMI 78 - ITAT BANGALOREDeduction on account of bad debts written off denied - Assessee’s claim rejected in view of the decision of Goetze (India) [2006 (3) TMI 75 - SUPREME Cour] - Held that:- It was incumbent for the ld CIT(A) to have examine the assessee’s claim of the said deduction in appeal in view of grounds raised, and particularly when the relevant material is a part of the records of assessment, as this claim was, put forth before the AO by the assessee in the course of assessment proceeding by virtue of, inter alia, letter dated 7/3/2014. In our considered view, the decision of the Hon’ble Apex Court in the case of Goetze (India) (2006 (3) TMI 75 - SUPREME Court ) does not place fetters on appellate authorities to entertain fresh claims put forth by the assessee on issues which are a part of record, and/or are material for the purpose of assessing the correct tax liabiity of an assessee in accordance with law. In coming to this finding we draw support from the ruling of the Hon’ble Apex Court in the case of NTPC Ltd. (1996 (12) TMI 7 - SUPREME Court) and CIT Vs. Motor Industries Co. Ltd. (1997 (8) TMI 70 - KARNATAKA High Court). Thus we set aside the impugned order of the ld CIT(A) and after admitting the grounds raised by the assessee on its claim for being allowed write off of bad debts restore the matter to the file of the ld CIT(A) for examination, verification and adjudication on merits after affording both the assessee and the AO adequate opportunity of being heard - Decided in favour of assessee for statistical purposes.
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