2012 (8) TMI 431

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....; "(i) Whether upon the facts and in the circumstances of the case, the Tribunal was justified in confirming the dis-allowance of bad debt claimed by the assessee u/s 36 (i) (vii) of the Act and which was written off in the previous year, holding that the claim of loss of debt cannot be said to be final ignoring the amendment of sub clause (vii) to clause (i) of Section 36 of the Act w.e.f. 1.4.89?   (ii) Whether upon the facts and circumstances of the case the Tribunal was justified in rejecting the amount of Rs.1,87,389/- claimed by the appellant (employer) as due from his employee holding that there was no relationship of debtor and creditor between the parties?   (iii) Whether upon the facts and circumstances of the c....

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.... produce the relevant documents, as the assessee was claiming deduction. No evidence was led before the Assessing Officer by the assessee, as to the date on which the assessee detected the inflated expenses vouchers, ; and to show the circumstances under ; which the assessee detected the embezzlement. No affidavit was filed by the assessee before the Assessing Officer, indicating the circumstances ; under which the matter was referred to the chartered accountant for preparing a report of embezzlement/inflated expenses. No letter of termination was produced, nor any police complaint was filed. ; The factum of embezzlement was not proved by the assessee. ;   In Dinesh Mill's case, the Gujarat High Court relying upon Associated Banking....