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2017 (7) TMI 1320 - AT - Income TaxDisallowance of irrecoverable debt (TDS certificates) written off - addition on the premise that TDS recoverable from customer is not a bad debt and non receipt of TDS certificate cannot be reason for non claim of TDS credit due to appellant - whether deduction of irrecoverable TDS is not available due to non-compliance with provisions of Income tax Act, 1961 - HELD THAT:- Identical issue having similar facts was a subject matter of the departmental appeal in the case of ACIT, Circel-5(1), New Delhi Vs Kelly Services India Pvt. Ltd. [2013 (1) TMI 83 - ITAT DELHI] wherein the identical issue has been decided in favour of the assessee by observing what is material is the factors or the circumstances which cause loss & if the loss occurred during the course of carrying on the business, it is incidental to it and, hence, allowable. Admittedly, in this case, the assessee suffered loss during the course of carrying on its business therefore, same is allowable - as the issue involved is having the similar facts as involved in the case of CIT vs. Shreyans Industries Limited, the order of the CIT (A) on this issue sustained - Decided in favour of assessee.
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