TMI Blog2016 (8) TMI 1317X X X X Extracts X X X X X X X X Extracts X X X X ..... itaran Nigam Ltd. (2014 (5) TMI 222 - RAJASTHAN HIGH COURT) and accordingly both the questions are covered by the aforesaid judgment and against the revenue. Claim about bad debt - Held that:- CIT (A) as well as the Tribunal has taken into consideration the judgment of the Apex Court in the case of T.R.F. Ltd Vs. CIT (2010 (2) TMI 211 - SUPREME COURT) and recorded a finding of fact that the said amount having become irrecoverable, the assessee has rightly written off the same and merely because the assessee has not filed any claim, that could not be considered to be a ground for disallowing a bad debt. Admittedly, the amounts were lying outstanding for the last couple of years and the assessee has rightly written off the said amount in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question relating to bad debt to the extent of ₹ 12,79,968/- which was written off by the assessee in its books of account as the assessee was unable to prove as to how it became a bad debt and no efforts were made by the assessee for recovery of the said 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 the material available on record. 5. So far as the question relating to privilege fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amounts were old and outstanding and the said amount was written off in accordance with the provisions contained in Sec.36 (1) (VII) of the Act. The CIT (A) as well as the Tribunal has taken into consideration the judgment of the Apex Court in the case of T.R.F. Ltd Vs. CIT : (2010) 323 ITR 397 and recorded a finding of fact that the said amount having become irrecoverable, the assessee has rightly written off the same and merely 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 no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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