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2015 (8) TMI 178 - GUJARAT HIGH COURT

2015 (8) TMI 178 - GUJARAT HIGH COURT - TMI - Disallowance on account of deduction in respect of writing off of the irrecoverable advances and other debit balances u/s.36(1)(vii) - tribunal restricted the disallowance to the extent of ₹ 1 Lac - Held that:- The actual amount with respect to provisions for Provision for Gratuity, salary payable, PF payable, staff loan, etc., and to satisfy ourself as to, whether the learned tribunal was justified in restricting the disallowance to ₹ 1 .....

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una M Bhatt, Adv. For the Respondent : None ORDER (Per : Honourable Mr. Justice M. R. Shah) 1.00. Feeling aggrieved and dissatisfied with the judgement and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad, Bench "B", in ITA No.216/Ahd/2011 for A.Y. 2005-2006 dated 27/8/2014, revenue has preferred the present Tax Appeal with the following proposed substantial question of law:- "Whether the Appellate Tribunal has substantially erred in partly allowing the amount .....

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in respect of the written off of the irrecoverable advances and other debit balances. The assessee written off of an amount of ₹ 14,83,037/- which was claimed as advances (EMD) and another amount of ₹ 30,48,335/- as "Balances written off". The assessee also claimed deduction of ₹ 42,51,367/- as written off of debts / bad debts. 2.01. That the A.O. disallowed the aforesaid deductions and the total income, before the adjustment of brought forward loss, was determined a .....

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nts i.e. advances written off of ₹ 14,83,037/-, balance written off of ₹ 42,51,367/-, aggregating to ₹ 87,83,239/-, the assessee preferred appeal before the learned CIT(A) and the learned CIT(A) confirmed the disallowance of ₹ 14,83,037/- and ₹ 30,48,835/- made by the A.O., however, deleted the disallowance made by the A.O. of ₹ 42,51,367/- which was claimed by the assessee as bad written off. 2.05. Feeling aggrieved and dissatisfied with the order passed by t .....

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restricted disallowance. 2.06. Feeling aggrieved and dissatisfied with the order passed by the learned CIT(A) in confirming the disallowance made by the A.O. of ₹ 14,83,037/- claimed by the assessee as advances written off and disallowance of ₹ 30,48,335/- claimed by the assessee as written off, the assessee preferred appeal before the learned tribunal. 2.07. The learned tribunal, after hearing both the sides, by the impugned judgement and order has partly allowed the aforesaid appea .....

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estions of law. 3.00. Having heard Mrs.Mauna Bhatt, learned advocate appearing on behalf of the revenue and considering the impugned judgement and order passed by the learned tribunal, it appears that with respect to disallowance made by the A.O. of ₹ 14,83,037/-, for which the assessee claimed deduction as advances written off, the learned tribunal has confirmed the disallowance amounting to ₹ 7,31,425/- which was with respect to the "Employees Welfare Trust" and rest of t .....

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