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PR. COMMISSIONER OF INCOME TAX-09 Versus WESTERN INDIA SHIPYARD LIMITED

2015 (10) TMI 539 - DELHI HIGH COURT

Deduction of the bad debts written off - rejection of claim on the ground that it could have only been made by way of revised return under Section 139(5) - Held that:- The said decision in Goetze (India) Ltd. [2006 (3) TMI 75 - SUPREME Court] is in t .....

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t on the CIT (A) during the appellate proceedings. However, while permitting such a claim the CIT (A) ought to have examined whether in fact the bad debts were written off by the Assessee in the first instance in the accounts and then taken into cons .....

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ing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel ORDER 1. This appeal is filed against the order dated 25th February, 2015 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA No. 2615/DEL/2012 for the assessment year 2006-07. 2. It .....

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ould have only been made by way of revised return under Section 139(5) of the Act. The CIT (A), however, accepted the Assessee s claim and granted the deduction. The ITAT on an analysis of Sections 36(1) (vii) and 36 (2) of the Act observed that the .....

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claim even during the course of the appellate proceedings otherwise than by way of a revised return, the CIT (A) did not examine whether, in fact, the Assessee had taken such debts into consideration while computing its total income. It was for that .....

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