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TMI Blog2014 (4) TMI 1242X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee had raised two additional grounds but the same had remained to be adjudicated by the Tribunal while disposing of the appeal of the assessee vide its common order dated 12-6-2013. When this inadvertent mistake was pointed out by the assessee by filing an M.A., the Tribunal vide its order dated 5-3-2014 passed in MA No. 320/Mum2013 allowed the said M.A. and posted the matter for hearing before the regular Bench on 6-3-2014 for adjudicating the additional grounds raised by the assessee. 2. We have heard the arguments of both the sides on the issue raised in the additional grounds No. 1 & 2 and also perused the relevant material on record. The said additional grounds raised by the assessee read as under:- "1. On the facts and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ful debt made in earlier years which is more than the claim of the assessee in this year. Hence, this claim is allowable u/s. 36(1)(vii). The assessee is also eligible for provision for bad and doubtful debts in respect of rural advances separately. The assessee has claimed Rs. 337,83,46,734/ as provision for bad and doubtful debts in respect of rural advances which is also allowable u/s. 36(1)(viia). The A.O. has combined both the claims of bad debts and provision for bad debts and arrived at the figure of Rs. 405,09,80,000I-. He has deducted the amount of provision of Rs. 337,83,46,7341- and wrongly allowed Rs. 196,84,48,266/- which should be only Rs. 96,84,48,266/. As held by the Hon'ble ITAT in assessee's own case for A.Y. 2000-01, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal grounds of the appeal of the assessee should be sent back to ld. CIT(A) for deciding the same afresh in the light of the ratio laid down by the Hon'ble Apex Court after verifying the relevant facts. Accordingly we remit back this issue to the file of the ld. CIT(A) for deciding the same afresh in the light of the decision of the Hon'ble Supreme Court in the case of catholic Syrian Bank (supra) after verifying the relevant facts and figures from the record. The additional grounds of the appeal of the assessee are accordingly treated as allowed for statistical purpose.
5. In the result, appeal of the assessee for A.Y. 2003-04 being ITA No. 9195/Mum/2010 stands partly allowed.
Order pronounced in the open court on 9th April, 2014. . X X X X Extracts X X X X X X X X Extracts X X X X
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