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2014 (6) TMI 282 - AT - Income TaxDeletion of bad debts u/s 36(2) of the Act – Failure to furnish details - Genuineness of the debts not proved - Held that:- Following CIT vs. Kohli Brothers Colour Lap Pvt. Ltd. [2009 (11) TMI 3 - ALLAHABAD HIGH COURT] - assessee had failed to furnish the information regarding persons with reference to whom bad debt written off was claimed - it is not obligatory on the part of the Assessee to prove that the bad debt written off by the Assessee is indeed a bad debt for purpose of allowance u/s 36(1) (vii) - there is no obligation on the part of the Assessee to prove the debt became bad subject to provisions of Section 36(2) of the Act - Assessee cannot be questioned to demonstrate debt became bad under the amended provision – thus, the matter is remitted back to the AO for fresh adjudication – Decided in favour of Assessee.
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