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Whether on the facts and in the circumstances of thecaseand in law, Tribunal has erred in law to allow bad debts on account of inter corporate debt and advances in contravention of Section 36(1)(vii) read with Section 36(2) of the Act inspite of the fact that the assessee company is not a banking company or engaged in the business of money lending?

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Sec. 28 & 36(1)(vii) of Income Tax Act, 1961—Bad Debts— Decision to treat a debt as a bad debt is a commercial or business decision of the assessee and recording of a debt as a bad debt in his books of accounts by the assessee prima facie establishes that it is a bad debt and if the AO disputes that the onus would be on him to prove otherwise- Debt in case of assessee had been written off as irrecoverable in the accounts of the assessee, thus, there is compliance to the requirement of Section 36(1)(vii) and the amount covered by the bad debts would be entitled to be deducted vide computing income under Section 28. - PR. CIT V/s HYBRID FINANCIAL SERVICES LTD. - [2020] 426 ITR 358 (BOM)

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