Law: Income Tax Ordinance, 1979

Section: 23,23(1)(x),23

(a) Income-tax-----Remand of order---Order of First Appellate Authority was remanded by the Appellate Tribunal to pass speaking order after considering all the relevant facts of the case as he had not discussed any of the issues raised in detail on behalf of the assessee and without discussing issues raised before him and the order was without any basis. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.23(1)(x)---Deductions---Written off bad debts---Disallowance of the claim of written off bad debts on the ground that recovery efforts had not been exhausted and the claim was premature and the Assessing Officer had the authority to determine which of the bad debts was not recoverable---Validity---Bad debts were actually written off on the pleas that the same was not recoverable---Assessee was the best Judge to determine as to what part of its bad debts required writing off and the assessee could not write off debt only to save taxes, as in this way, he loses more than he appears to gain---Provisions of law existed wherein it had been provided that if such written off bad debts were subsequently received, then same could be added in taxable income---No justification was available for disallowing the claim filed by the assessee---Appeal was allowed by the Appellate Tribunal specifically for the reason that Appellate Tribunal had upheld remanding back of the case with specific direction that actual written off contained in the provision should be examined and allowed, but Assessing Officer as well as First Appellate Authority had not given observation that the claim in this respect was not regarding actually written off bad debts. 277 ITR 338; 67 Tax 155; 20 Tax 88; 1975 PTD (Trib.) 63; 1991 PTD 569; 1980 PTD (Trib.) 46; 1986 PTD 2; I.T.A. No.108/KB of 2004 and 2006 PTD (Trib.) 1291 ref. ORDER Through these three appeals, the appellant has objected to the three separate impugned orders of the learned C.I.T.(A), two for the assessment year 1999-00. One is against the impugned order dated 12-12-2005 regarding order passed by the Taxation Officer under section 221 of the Income Tax Ordinance, 2001. First we take this appeal for which, on behalf of appellant, following…

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