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2022 (6) TMI 65 - ITAT PUNEDeduction u/s. 36(1)(viia) - Quantum of the assessee's provision for bad and doubtful debts vis-à-vis the statutory limits - HELD THA:- CIT(A) has already indicated corresponding entitlement to be much more than the claim(s) raised as the tax payer's behest. We make it clear that there is no rebuttal in the Revenue's pleadings regarding the assessee's corresponding provision's entitlement amounts. This indeed in addition to the fact that the Revenue has already lost the very substantive grievance in all preceding assessment years. We uphold the CIT(A)'s directions deleting the impugned bad debts disallowance in very terms. This first and foremost substantive grievance is decided in assessee's favour. Bonus disallowance with ex-gratia bonus - Revenue's case before us is that once the assessee follows mercantile system of accounting it was very much incumbent on its part to the claim the impugned relief on the very basis than merely making provision followed by its board's resolution passed in the succeeding financial year(s) - HELD THAT:- We note that this particular issue had arisen between the parties in earlier assessment year as well. [2012 (3) TMI 492 - ITAT PUNE] - We thus adopt judicial consistency qua this second issue as well as to reject the Revenue's corresponding substantive grounds in both these appeals. Set off of brought forward losses/unabsorbed depreciation in A.Y. 2007-08 wherein no such losses remain to be carried forward - HELD THAT:- The same admitting involves more a reconciliation than any substantive adjudication on our part. We thus restore the Revenue's instant third substantive ground back to the file of Assessing Officer his afresh computation as per law. Ordered accordingly.
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