Held by Supreme Court in Southern Technologies Ltd. [320
ITR 577]
If an assessee debits an amount of doubtful debt to the
profit and loss account and credits the asset account like sundry debtor’s
account, it would constitute a write off of an actual debt.
However, if an
assessee debits `provision for doubtful debt' to the profit and loss account
and makes a corresponding credit to the `current liabilities and provisions' on
the liabilities side of the balance-sheet, then it would constitute a provision
for doubtful debt. In the latter case, the assessee would not be entitled to
deduction
Held by Supreme Court in Vijya Bank 323 ITR 168
upholding
the order of Tribunal and reversing the decision of High Court that besides
debiting the Profit and Loss Account and creating a provision for bad and
doubtful debt, the assessee-Bank had correspondingly/simultaneously obliterated
the said provision from it's accounts by reducing the corresponding amount from
Loans and Advances/debtors on the asset side of the Balance Sheet and,
consequently, at the end of the year, the figure in the loans and advances or
the debtors on the asset side of the Balance Sheet was shown as net of the
provision “for impugned bad debt”.
In the circumstances, we hold, on the first question, that
the assessee was entitled to the benefit of deduction under Section 36(1)(vii)
of 1961 Act as there was an actual write off by the assessee in it's Books, as
indicated above
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