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2012 (1) TMI 217 - ITAT JAIPURDeduction u/s 10BA allowed Addition on account of delay in deposit of employee’s contribution to PF - allowable deduction within the meaning of Section 36(1) read with Section 2(24)(x) - Held that:- No disallowance can be made in respect of Employers P.F. Contribution and Employees P.F. Contribution in case such contributions are paid before due date of filing. It is not in dispute before us that the contributions have not been paid before due date of filing of the return. We therefore, hold that the ld. CIT(A) was justified in deleting the Employers P.F. Contribution and Employees P.F. Contribution Addition on account of disallowance of bad debt u/s 36(1)(vii) - Held that:- The issue before us stands covered by the decision of Honb'le Apex Court in the of TRF Ltd. vs CIT [2010 (2) TMI 211 - SUPREME COURT]. The Section itself mentions that the assessee can claim deduction on account of writing off any bad debt or part thereof. Hence, it was not necessary for the assessee to have written off the entire debt. The business decision is to be taken by the assessee and the onus was on the Revenue to have established that writing off of part of the debt was not true. The onus was on the Revenue to have collected the material to suggest that writing off of bad debt was for the purpose of evading the tax. We therefore, feel that the ld CIT(A) was justified in deleting the addition.
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