TMI Blog2010 (10) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... - Held that: - deduction under Section 36(1)(vii), it was enough if the bad debt is written off by the assessee as irrecoverable in its accounts - decision on a debatable point of law cannot be treated as a mistake apparent from the record - appeal being devoid of merit, is dismissed - 1500/2010 - - - Dated:- 6-10-2010 - THE CHIEF JUSTICE, MR. JUSTICE MANMOHAN, JJ. Through: Ms. Prem Lata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as the AO was of the opinion that the respondentassessee had not added a sum of ₹ 39.28 lacs being provision for doubtful debts and advances/bad debts to the income, he issued a fresh notice under Section 154 of the Act. Since the respondent-assessee did not respond to the said notice, another notice dated 13th July, 2007 was issued. 4. In reply to the aforesaid notice, respondent-assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is not necessary for the assessee to establish under Section 36(1)(vii) that the debt had become irrecoverable. To claim deduction under Section 36(1)(vii), it was enough if the bad debt is written off by the assessee as irrecoverable in its accounts. Consequently, in view of the aforesaid judgment and assessee's stand, deduction under Section 36(1)(vii) was certainly a debatable issue. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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