TMI Blog2008 (8) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income-tax (Appeals) and the order passed by the Income-tax Appellate Tribunal in I. T. A. No. 314/ Bang/99 dated July 8, 2003, along with cross-objection No. 27/Bang/99 filed by the assessee for the assessment year 1995-96. The facts of this case are as hereunder : The assessee filed a return of income on October 31, 1995, declaring the income of Rs. 950. The matter was taken up for scrutin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 16,05,363 as bad debts. Against the same, the Department filed an appeal before the Income-tax Appellate Tribunal and for not considering the relief of bad debt, the assessee filed cross-objections. Both the cases were taken up together by the Tribunal and the Tribunal rejected the appeal of the Revenue and allowed the cross-objection and granted relief to the assessee regarding bad debts. Chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been considered, we are of the opinion that the matter has to be remitted back to the Assessing Officer to consider the same. With regard to question No. 2 is concerned, according to us, it is the Assessing Officer who has to examine whether there is really a bad debt and the same is written off. It is a question of fact and has to be assessed by the Assessing Officer by looking into the relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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