2010 (3) TMI 704

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.... were on account of bad debts, which the assessee claimed ought to have been written off. The Assessing Officer did not accept the deductions sought by the appellant in the final order passed on 27.11.2001. Dissatisfied with the order passed by the Assessing Officer, the appellant/assessee preferred an appeal before the Commissioner of Income Tax (Appeals), so as to assail the order dated 27.11.2001. The Commissioner of Income Tax (Appeals), after examining the facts relevant to the claim of the appellant/assessee, arrived at the conclusion that the Assessing Officer was wrong in brushing aside the detailed reply furnished by the appellant/assessee on 15.11.2001. The Commissioner of Income Tax (Appeals) also took into consideration the prov....

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....a observed as under:- "No document in support of above requirement was available on record or shown to us. We appreciate that assessee is suffering handicap in the sense that his books are lying seized with the revenue and A.O. neither examined them in accordance with law nor gave relevant reasons in the assessment order before making disallowance u/s 36(1)(vii). The report sent by him to the learned Commissioner did not improve the situation. Be that as it may, for allowing of claim, statutory requirement noted above has to be satisfied. On peculiar facts of the case, we deem it fit and proper to set aside impugned order and restore the matter to the file of the Assessing Officer to record a fresh finding as to the satisfaction of statutor....