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2015 (5) TMI 722 - AT - Income TaxDisallowance of the claim of bad debts - CIT(A) deleted the disallowance - Held that:- the present case, it is an admitted fact that the assessee had written off debts in its books of accounts and it is not the case of the AO that the debts written off were not related to the business of the assessee. On a similar issue the in the case of TRF Ltd. v. CIT [2010 (2) TMI 211 - SUPREME COURT] wherein held that After 1st April 1989, it is not necessary for the assessee to establish that the debt, in fact has become irrecoverable. It is enough if the bad debt is written off as irrecoverable in the accounts of the assesse, do not see any valid to interfere with the findings of the Ld. CIT on this issue - Decided against revenue. Addition of expenses for earning dividend - Held that:- AO had included all the investment while working out the average investment for the purposes of calculating the disallowance u/s 14A of the Act read with Rule 8D of the ITA rules. He also included those investment on which no dividend income was received by the assessee during the year consideration. The Ld. CIT(A) also rejected the explanation of the assessee, without pointing out any defect in the amount of disallowance worked out by the assessee (copy of which is placed at page no. 111 of the paper book). In the present case it seems that neither the AO nor the Ld. CIT(A) considered the facts of the present case in right prospective. We, therefore, deem it appropriate to remand this issue back to the file of the AO to be decided afresh in accordance with law after providing due to a reasonable opportunity being heard to the assessee. He is also directed to consider the various case laws relied by the Ld. Counsel for the assessee while deciding the issue afresh. - Decided in favour of assesse for statistical purposes
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