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2023 (5) TMI 622

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..... ad become bad during the year - assessee submitted that based on the Supreme Court decision of TRF Limited [ 2010 (2) TMI 211 - SUPREME COURT] the assessee was entitled to deduction of the same without having to prove that the debt has become bad - contention of the Ld. AR that the Tribunal has not considered the decision of Hon ble Apex Court in the case of TRF Limited. HELD THAT:- It appears .....

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..... 24.08.2022 passed by the Tribunal. 2. Ld. AR submitted that the assessee had written off bad debts amounting to Rs. 1,06,00,000/-. Out of the said amount Rs. 36,75,000/- was debited to Profit Loss Account and balance of Rs. 69,33,446/- was debited to provision of bad debts and settled against provision for doubtful debts created in Assessment Year 2002-03. The Ld. AR submitted that the Assess .....

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..... that debt has become bad. Thus, they accepted the CIT(A) s order that it is not necessary to establish that debt has become bad in view of TRF Limited. The Ld. AR further submitted that the bad debts of Rs. 69,33,446/- was written off against provision for doubtful debts, page nos.30 to 48 of the Paper Book from the financials which showed that the provision for doubtful debts was Rs. 69,33,446/- .....

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..... t established that the debt had become bad. The Ld. AR submitted that reasoning given are contrary to the decision of TRF Limited Limited which was already settled before the CIT(A) and the issue does not survive as the department did not challenge the order of CIT(A). Thus, the Ld. AR submitted that this is a mistake apparent from record. 3. The Ld. DR relied upon the order of the Tribunal and .....

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