Can a ito can make addition during scrutiny assessment proce

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Can ITO make addition during the scrutiny assessment proceedings in  case of All trade debtors or part thereof because of old debtors or debtors from whom recovery is impossible though the assessee is trying his best to recover the same. the amount is more than 50 Lakhs and debtors are around 30 lakhs

Replies (11)

Dear Akaksha,

 

Yes, he can make the addition to the income by disallowing the bad debts provisioning. There is no bar on him doing so.

 

However, you can argue for your case and try to explain to him that this is not correct and that you are making efforts to recover the same, but the same are not fruitful and thus, have written off the said debtors.

 

- Ankit

Sir,

We have not written any bad debts till date. however, as you told our debtors are old outstanding and out of business cycle. Please reply on these points.

If the amount of debtors written off as bad debt were earlier offered to income in earlier years then write off by the Assessee of the said debtors as bad debt will be allowable as deduction to the Assessee. The same is also held by the SC in the decision of TRF. Hence on above facts, AO cannot add back the debtors written off.
 

Regards

Bhavin Sir,

 

We have not written off any debtors in current years or earlier years but our A.O. is saying us that he will make addition due to old trade debtors

He cannot do that addition.

Thank you sir

Dear Friend, U have to write off your debtor in the books of Accounts first. 

Sec. 36(1)vii bad debts are allowed as deduction if fully written off in the books of accounts of assessee . Only written off debtors in the books of accounts of assessee is sufficient for claiming deduction. No need to substantiate the non recovery from debtors before AO.I.e. external confirmation is not needed.
PGBP U/S36 provision for doubtfull debtors NOT allowable as deduction i.e added back to ur income... Only Bad debts recorded in ur books of accounts ALLOWABLE as deduction. no external confirmation needed from bebtors for non recovery... whatever amount as bad debt u recorded in ur books of accouts allowable as deduction.... so u better to write bad debts in ur books of accounts...

No; I do not think that addition can be made on account of old  debtors in the current A Y; per se. Moreover he has to prove that the transactions were false/bogus when they happened  and the implications will be in the relevant assessmnet years. These kind of issues arise in case of bogus purchase/sales transactions and involve the matters of unaccounted investment; unaccounted expenses and estimated GP and mostly when the Department receives information consequent to a Search or Survey. 

give confirmation of debtors to the AO he cant do adddition after confirmation is received from debtors even if the debtors are older than 3 years


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