2019 (6) TMI 45

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.... :- "1. That on the facts as well as in law the Learned CIT (Appeal)- 7 New Delhi was not justified in confirming the addition of Rs. 37,67,773/- TDS recoverable written off as bad debts U/s 36(1)(vii) of Income Tax Act, 1961. 2. That on the facts as well as in Law the Ld CIT(Appeal) - 7 was not justified in confirming the addition of Rs. 2,97,785/- security deposit rent written off U/s 37(1) of the Income Tax Act, 1961. 3. That on the facts as well as in Law the Ld CIT(Appeal) - 7 was not justified in confirming the addition of Rs. 36,680/- Centrum direct Ltd. (Advance given for services) written off U/s 37(1) of the Income Tax Act, 1961. 4. That on the facts as well as in Law the Ld CIT(Appeal) - 7 was not justified in confirming th....

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....) who has confirmed the additions by partly allowing the appeal. Feeling aggrieved, the assessee has come up before the Tribunal by way of filing the present appeal. 4. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. GROUND NO.1 5. So far as question of disallowance of amount of Rs. 37,67,773/- claimed as bad debt written off on account of TDS recoverable is concerned, it is contended by the ld. AR for the assessee that the amount recorded as TDS recoverable for AYs 2007-08 to 2009-10 against the services rendered by the assessee which was duly created in the pro....

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....owable revenue expenditure lost in the ordinary course of business. Moreover the AO has not questioned the books of account maintained by the assessee. So, in these circumstances, we are of the considered view that ld. CIT (A) has erred in confirming the addition which is not sustainable in the eyes of law hence it is ordered to be deleted subject to verification by the AO. Consequently, Ground No.2 is determined in favour of the assessee. GROUND NO.3 7. Ld. CIT(A) confirmed the addition of Rs. 36,680/- on account of advance given by the assessee to M/s. Centrum Direct Ltd. and written off as bad debt under section 37(1) of the Act. It is the case of the assessee that after advancing the amount of Rs. 36,680/-, services were not availed d....