1 ITA-Lg-1554 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Income Tax Appeal (Lodging) No.1554 of 2010 The Commissioner of Income Tax 13. ... Appellant v/s. M/s.Hiralal Raichand & Co. ... ... Respondent Mr.Suresh Kumar for Appellant. ----- CORAM : J.P. DEVADHAR & SMT.ROSHAN DALVI, JJ. DATED : 8th March 2011 P.C. : 1.A short question raised in this Appeal is whether the Tribunal was justified in allowing the bad debts claimed by the assessee under Section 36(1)(vii) read with Section 36(2) of the Income Tax Act, 1961 ( the said Act ). The grievance of the Revenue is that the assessee had failed to substantiate the claim of bad debts. Perusal of the order of the Income Tax Appellate Tribunal ( ITAT ), particularly paragraph 5 thereof, clearly shows that the Tribunal has recorded a finding of fact that the assessee in the earlier assessment years had shown the outstanding debt and that there is nothing adverse material brought on record to doubt the 2 ITA-Lg-1554 bona fides of the assessee regarding the outstanding debts, which are written off in the assessment year in question. 2.The Apex Court in the case of TRF Limited vs. CIT reported in (2010) 323 ITR 397 (S.C.) has held that it is not necessary for the assessee to establish that the debt has in fact become irrecoverable. 3.In this view of the matter, in our opinion, the decision of the ITAT does not give rise to substantial question of law. 4.Appeal is dismissed. (SMT.ROSHAN DALVI, J.) (J.P. DEVADHAR, J.)