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2010 (10) TMI 688 - AT - Income TaxDisallowance - Regarding software expense - It is found that similar issue was raised in the assessee’s own case in assessment year 2000-01 - pecial Bench of the Tribunal in Amway India Enterprises vs. DCIT (2008 -TMI - 64346 - ITAT DELHI)- Decided in the favour of the assessee and matter is remanded back to AO Repairs and renovation - AO made the said disallowance which came to be upheld by the CIT(A) on the basis of the reasoning given by him in the assessee’s case for the asstt. year 2002-03 - In the absence of any distinguishing feature having been brought to our notice in the facts and circumstances of this year visa- vis those already decided by the Tribunal - This ground is allowed Bad debts - The AO called upon the assessee to produce the details of each and every TDS certificate, the amount involved and the year in which it was taxed - It is noted that the assessee claimed deduction for bad debts on the ground that the benefit of TDS certificates could not be availed by the assessee due to such certificates either being lost or not available - In the absence of any details of such TDS certificates claimed as bad debts in this year or earlier years, it is not possible to ascertain as to whether the deduction on account of bad debts towards the bill amounts, for which separate deduction has been claimed, contain the amount of TDS - Matter is remanded back to AO Carry forward of unabsorbed long term capital loss - The AO opined that the brought forward loss was to be adjusted in its entirety before allowing any relief u/s.54EC - The amount of brought forward long-term capital loss is the subject matter of Chapter VI - As the claim of the assessee is in accordance with the scheme of the Act viz. firstly allowing relief u/s.54EC while computing income u/s.45 and thereafter adjusting brought forward capital loss - Accordingly this ground of the appeal is allowed
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