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2021 (9) TMI 1101 - AT - Income TaxDisallowance on account of bad debts written off u/s 36(2) - HELD THAT:- Ground raised in the present appeal has already been decided by the coordinate bench of the Tribunal in favour of the assessee company for AYs 2011-12 & 2012-13 [2021 (6) TMI 718 - ITAT DELHI] AND [2021 (9) TMI 813 - ITAT DELHI] respectively, which order has been followed by the AO/CIT(A). As Revenue though relied upon the order passed by the AO/ld. CIT (A) has failed to bring on record distinguishable facts and evidence, if any, or that the order passed by the Tribunal (supra) has been set aside or its operation has been stayed by the higher forum. Decided in favour of assessee. Nature of expenses - expenses incurred as a part of project cost by treating the same as capital expenditure for land acquisition of “Border Out Post” during the execution of “Indo Bangladesh Border Fencing Work (IBBF)” - HELD THAT:- As relying on assessee's own case [2021 (9) TMI 813 - ITAT DELHI] we delete the addition made by the AO and confirmed by the ld. CIT (A) on the ground that expenses incurred by the assessee company for acquisition of land for IBBF Project has not created any assets in the hands of assessee as the assessee company has merely executed a contract for construction of Border Out Post on behalf of Ministry of Home Affairs. Consequently, addition made by the AO and sustained by the ld. CIT (A) is ordered to be deleted. Addition on account of provisions written back under MAT provisions - Disallowances on account of provision of written back - AO made the addition holding that assessee has failed to give the information - HELD THAT:- As relying on own case [2021 (6) TMI 718 - ITAT DELHI] we are of the considered view that addition made by the AO and sustained by the ld. CIT (A) is not sustainable in the eyes of law because the provisions made by the assessee in earlier years were never claimed or allowed to the assessee, which fact however needs to be verified by the AO. Consequently, addition made by the AO and sustained by the ld. CIT (A) is ordered to be deleted subject to verification by the AO qua the computation of total income of the assessee for earlier years if these provisions have not been allowed to the assessee in earlier years.
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