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2023 (11) TMI 286 - HC - Income TaxUndisclosed income offered for tax during survey - Addition on account of bad debts and unaccounted expenditure towards renovation and repairs and also the unverifiable amount of deduction from customers - HELD THAT:- Tribunal has rightly considered the alternative claim of the assessee to grant depreciation and remanded the matter back to the Assessing Officer to verify such claim which the assessee has already disclosed the unaccounted expenditure towards renovation and repairs by capitalizing the same during the year under consideration. Addition confirmed by the CIT(A) under the head of Miscellaneous Receivables or Suppressed Sales, the Tribunal remanded the matter back to the Assessing Officer as the CIT(A) did not adjudicate the said ground and therefore to verify the claim of the assessee that average profit rate is to be adopted on such Suppressed Sales. The Tribunal also noted that the Departmental Representative was also on agreement for a remand to the Assessing Officer for correct verification. Such findings arrived at by the Tribunal by remanding the matter back to the Assessing Officer, we are of the opinion that no question of law much less substantial question of law arises. Addition of bad debts u/s 36(1) (viii) - As in view of concurrent findings arrived at by the Tribunal with regard to the undisputed facts that the assessee has debited the amount of bad debts in the books of account and considering the provisions of Section 36(1)(vii) r.w.s.32 of the Act which makes it clear that even a part of the income accounted for in the current year also can be claimed as bad debts, we are of the opinion that no question of law much less substantial question of law arises.
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