TMI Blog2004 (2) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal, filed by the assessee, is directed against the order dated 24-11-1999 passed by the CIT(A) for the assessment year 1996-97. 2. The grounds of appeal filed with Form No. 36 have been concised. In the concised grounds of appeal, the assessee has not taken ground No. 1, which is regarding disallowance in respect of telephone expenses. At the time of hearing it was pointed out that the dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of the debt. The assessee was expected to receive certain amount from Stock Exchange in respect of default made by the above-mentioned two persons. 4. After referring to the above-mentioned facts, the learned counsel of the assessee pointed out that as per amended provisions of section 36(1)( vii ), it is not obligatory for the assessee to claim demonstrative proof for establishing a debt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. According to section 36(1)( vii ) as it stood at the relevant time, it is not obligatory for assessee to place demonstrative proof for establishing a debt as bad and if he has taken steps to write it off in previous year, it is sufficient compliance for claiming a debt as a bad debt under section 36(1)( vii ). In this case, the assessee has fulfilled the conditions laid down under the above se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the efficient working of the computer. It is for the production data existing in the computer otherwise also after expiry it loses its validity. Similarly, in respect of payment made to M/s. R.P.K. Investment regarding up-gradation of software, it was pointed out before the CIT(A) that the said Software is required to be updated each year. This submission of the assessee is also not controverted b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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