2014 (6) TMI 282

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....F. Jain ORDER Per Shri T. R. Meena, A. M. 1 The Revenue's appeal is emanating from the order of Ld. CIT(A)-XX, Ahmedabad dated 08.11.2010 for A.Y. 2004-05. 2 The sole ground of appeal is against the deleting the addition of Rs. 13,15,969/- made by the Assessing Officer on account of bad debts. The A.O. observed that the Assessee had claimed bad debts of Rs. 13,15,969/- in Profit and Lo....

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....who had allowed the appeal in favour of the Assessee by observing as under:- 4.2 I have gone through the assessment order as also the submissions of the A.R carefully. It is seen that the debts have actually been written off in the books of accounts of the appellant. In view of the recent decision of the Honorable Supreme Court in the case of TRF Ltd. v. CIT reported in 323 ITR 397 (SC) wherein....

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....as irrecoverable in the books of account as per Hon'ble Supreme Court decision in case of TRF Ltd. vs. CIT 300 23 ITR 397 (SC). The only condition for claiming of bad debt is written off these debts in the books of account as irrecoverable. There is no obligation on the part of the Assessee or prove the debt became bad after amendment made with effect from 01.04.1989 as held by the Hon'ble Supreme....

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....in the case of CIT vs. Kohli Brothers Colour Lap Pvt. Ltd. 186 taxmann.com 62 wherein Assessee had failed to furnish the information regarding persons with reference to whom bad debt written off was claimed. Which was disallowed by the A.O confirmed by the CIT(A) and deleted by the ITAT. Held that it is not obligatory on the part of the Assessee to prove that the bad debt written off by the Assess....