“Section 38(1)(vii)”
The decision most relied on for Section 38(1)(vii) is Canara Bank v. JCIT (60 ITR (Trib) 1), cited in 47 judgments on BharatTax.
Leading authorities on Section 38(1)(vii)
For banks, the computation of bad debt allowance under sections 36(1)(vii) or 36(1)(viia) must be restricted to only incremental advances, rejecting broader interpretations by tax authorities.
In identical circumstances, the provision made by an assessee for bad and doubtful debts is accepted if a co-ordinate bench of the Tribunal has accepted a similar provision in the assessee's own case, and this method has been approved by a High Court.
Advances given for business purposes, even if not returned, are allowable as expenditure under Section 37 of the Income Tax Act.
Section 36(1)(viia) of the Income Tax Act, 1961 allows deduction for provisions made by banks for bad and doubtful debts in rural branches based on aggregate average advances made by such branches.