Law:

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Section 36(1)(vii)/(viia) of the Income-tax Act, 1961 - Bad debts GENERAL It is Assessing Officer who has to examine whether there is really a bad debt and same is written off; it is a question of fact and has to be assessed by Assessing Officer by looking into relevant circumstances [Assessment year 1995-96] [Remanded] CIT v. L.R. Subramanya Swamy [2009] 314 ITR 125 (Kar.) It is the Assessing Officer who has to examine whether there is really a bad debt and the same is written off. It is a question of fact and has to be assessed by the Assessing Officer by looking into the relevant circumstances. Where the revenue contended that there were no bad debts and that the persons who had purchased the granites in the local market had actually paid the consideration to the assessee, whether really the said consideration was received by the assessee or not had to be assessed by the Assessing Officer and since the same had not been done by the Assessing Officer, the matter was to be remanded for fresh consideration in accordance with law. Section 80HHC of Income-tax Act, 1961 - Deductions - Exporters Question as to whether assessee (engaged in export of granite) is entitled to exemption under section 80HHC has to be examined by Assessing Officer by following in CIT v. God Granites [2003] 262 ITR 567 (SC) [Assessment year 1995-96] [Remanded] CIT v. L.R. Subramanya Swamy [2009] 314 ITR 125 (Kar.) The question as to whether the assessee (engaged in export of granite) is entitled to exemption under section 80HHC has to be examined by the Assessing Officer by following the inCIT v. God Granites [2003] 262 ITR 567 (SC). M.V. Seshachala for the Appellant. P.A. Bhat for the Respondent. JUDGMENT K.L. Manjunath, J.-This appeal is by the Revenue challenging the concurrent findings of the Commissioner of Income-tax (Appeals) and the order passed by the Income-tax Appellate Tribunal in I.T.A. No. 314/ Bang/99 dated July 8, 2003, along with cross-objection No. 27/Bang/99 filed by the assessee for the assessment year 1995-96. 2. The facts of this case are as hereunder: 3. The assessee filed a return of income on October 31, 1995, declaring the income of Rs. 950. The matter was taken…

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