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Income Tax

Onus to prove that debts are irrecoverable gets satisfied, once bad debts w/off in books of accounts

Case Law Details

Case Name
M/s Indu Nissan Oxo Chemical Inds. Ltd. Vs DCIT (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2000-01
Advertisement Brief of the Case ITAT Ahmedabad held In the case of M/s Indu Nissan Oxo Chemical Inds. Ltd. vs. DCIT that the Hon’ble Apex Court in the case of TRF Ltd. vs. CIT reported at (2010) 323 ITR 397(SC) has held that this position in law is well-settled. After 1st April, 1989, it is not necessary for the assessee to establish that the debt, in fact, has become irrecoverable. It is enough if the bad debt is written off as irrecoverable in the accounts of the assessee. In view of this judgment, reasoning given by lower authorities cannot be sustained. Hence disallowance of Rs.23,14,...
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