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2020 (1) TMI 121

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..... ion of any addition / disallowance with regard to expenditure. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed. Disallowance of bad debt - grievance of the Revenue is that this amount was due from Ministry of External Affairs, therefore, it cannot be written off - HELD THAT:- Income-tax Act does not say that the amount due from Government cannot be written off. What is to be seen is whether the assessee has written off the amount as irrecoverable. It is not in dispute that the assessee has in fact written off the above said amount due from Ministry of External Affairs. Therefore, this Tribunal is of the considered opinion that the claim of the asse .....

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..... by: Shri AR.V. Sreenivasan, JCIT Respondent by: None ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: The Revenue has filed the appeal against the order of the Commissioner of Income Tax (Appeals)-6, Chennai, dated 15.09.2017, for the assessment year 2007-08. The assessee has also filed cross-objection against the very same order of the CIT(Appeals). Therefore, we heard the appeal of the Revenue and the cross-objection of the assessee together and disposing the same by this common order. 2. Let s first take the Revenue s appeal. The first issue arises for consideration is disallowance made by the Assessing Officer under Section 14A of the Income-tax Act, 1961 .....

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..... nistry of External Affairs. Therefore, this Tribunal is of the considered opinion that the claim of the assessee has to be allowed. In case, it was recovered subsequently, the same has to be taken as income of the assessee in the year in which it was recovered, subject to the above observation. This Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed. 6. Now coming to the cross-objection filed by the assessee, the only issue raised in the cross-objection is with regard to leave encashment to the extent of ₹ 14,41,057/-. 7. The Assessing Officer as well as the CIT(Appeals) disallowed the provision for leave encashment on the basis of th .....

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