TMI Blog2014 (1) TMI 1887X X X X Extracts X X X X X X X X Extracts X X X X ..... n examined by the AO, therefore, in the interest of justice we remit these grounds to the record of the Assessing Officer for fresh examination and adjudication after considering the decisions relied upon by the assessee as well as after giving opportunity of hearing to the assessee. Miscellaneous application of the assessee is allowed as impugned order is modified above. - MA NO.371/Mum/2013 Arising out of ITA 5470/Mum/2002 - - - Dated:- 3-1-2014 - SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER For the Assessee : Shri Girish Dave For the Revenue : Shri Ravi Prakash ORDER PER VIJAY PAL RAO, JM By way of this miscellaneous application, the assessee is seeking rectification of error ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rding the additional grounds raised by the assessee which were remitted to the record of the AO for examination and adjudication as per law. 4. Having considered the rival submissions and careful perusal of the records, we note that the assessee has advanced arguments in respect of additional grounds no. 1- 3 which reads as under:- Sl. No. Additional Grounds of Appeal Remarks 1. Write-off of bad debts u/s 36 (1) (vii) Covered by the decision of the Supreme Court in the case of Vijaya Bank Vs. CIT (2010) 323 ITR 166 2. Recovery of bad-debts written off should not be liable to tax u/s 41(4) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following decision in support of its claim ;- 1. Covered by the decision of the Supreme Court in the case of Vijaya Bank Vs. CIT (2010) 323 ITR 166 2. Covered by the decision of the Bangalore Tribunal in the case of State Bank of India Mysore Vs. DCIT (2009) 33 SOT 7 (BANG.) 3. Covered in favour of the appellant by the decision of the Mumbai bench of Tribunal in the case of Bank of India Vs. DCIT (ITA No. 2781/Mum/2011) However since the issue has not been examined by the AO, therefore, in the interest of justice we remit these grounds to the record of the Assessing Officer for fresh examination and adjudication after considering the decisions relied upon by the assessee as well as after giving opportunity of hearing to the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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