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2015 (11) TMI 270 - AT - Income TaxDisallowance of claim for deduction of bonus paid - Held that:- There is no bar to entertain new claim either by Commissioner of Income Tax (Appeals) or Income Tax Appellate Tribunal". Accordingly, we direct the Assessing Officer to allow this claim after due verification, whether the bonus has been paid during the previous year under consideration, and whether the interest claim of ₹ 2,55,233/- is tax free or not. Accordingly, this ground of appeal is set aside to the file of the Assessing Officer to allow the claim, in the aforesaid terms. Commissioner of Income Tax Versus Mitesh Impex [2014 (4) TMI 484 - GUJARAT HIGH COURT] Disallowance of deduction on account of bad debts - Held that:- In the case in hand, the Assessing Officer denied the deductions under Section 36(1)(vii) solely on the ground that the bad debts which were written off were pertaining to the period when the income was exempt under the provisions of Section 80P of the Act and also on the ground that the deduction claimed under Section 36(1)(viia) is more than the deduction claimed under Section 36(1)(vii) of the Act. The reasoning of the Assessing Officer does not stand test of the law laid down by the Hon'ble Apex Court in the case of Catholic Syrian Bank Ltd. (2012 (2) TMI 262 - SUPREME COURT OF INDIA). Further, it is not in dispute that the amounts claimed as bad debts were actually written off in the books of account and in the light of the fact that the provisions for bad debts was not claimed in the earlier years which goes to prove that the claim is not hit by the proviso to Section 36(1)(vii) of the Act. Therefore, we direct the Assessing Officer to allow the bad debts claimed. Accordingly, this ground of appeal is allowed. Addition on account of alleged difference between the interest income declared by the appellant and the Form No. 26AS of the Department - Held that:- The information contained in Form No. 26AS cannot be itself the basis for making addition to the income returned. To the same effect, the decision of a coordinate bench of ITAT, Jabalpur, in the case of Ravindra Pratap Thareja Vs. ITO [2015 (10) TMI 1487 - ITAT JABALPUR]. Accordingly, the grounds of appeal is set aside to the file of the Assessing Officer for due verification after affording reasonable opportunity of being heard to the assessee. Hence, the appeal is partly allowed for statistical purposes.
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