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25. Amounts subsequently recovered in respect of deductions, etc:-
Notwithstanding
anything contained in this Ordinance, where an allowance or deduction
has been made under section 23 for any year in respect of any loss, bad
debt, expenditure or trading liability incurred by the assessee, and subsequently,-
(a)
during any income year, the assessee has received, whether in cash or
in any other manner whatsoever, any amount in respect of such loss or
expenditure, the amount so received shall be deemed to be income from
business or profession of that income year;
(aa) during
any income year, the assessee has received, whether in cash or in any
other manner whatsoever, any amount in respect of such bad debt,-
(i)
where the said amount is greater than the difference between the whole
of such bad debt and the amount of bad debt allowed as deduction under
section 23, the excess shall be deemed to be income from business or profession
of that income year; and
(ii)
where the said amount is less than the difference between the whole of
such bad debt and the amount of bad debt allowed as deduction under section
23, the deficiency shall be deemed to be a business expense of that year;
(b)
during any income year, the assessee has derived any benefit in respect
of such trading liability, the value of such benefit shall be deemed to
be income from business or profession of that income year;
(c)
such trading liability or a portion thereof is found not to have been
paid within three years of the expiration of the income year in which
it was allowed, such liability or portion thereof, as the case may be,
shall be deemed to be income from business or profession of the year in
which such finding is made or any other year (not being a year commencing
after the expiration of five years from the end of the said three years)
as the Deputy Commissioner may think fit;
(d)
where any amount accumulated in the participatory reserve of a company
which has been allowed as a deduction under clause (xix) of sub-section
(1) of section 23 is applied by the company towards any purpose other
than payment of share of profit on the participatory redeemable capital
or towards any purpose not allowable for deduction or exemption under
this Ordinance, the amount so applied shall be added to the income of
the company in the income year during which it is so applied,
and the business
or profession in respect of which such allowance or deduction was made
shall, for the purposes of section 22, be deemed to be carried on by the
assessee in that year:
Provided
that where a trading liability referred to in clause (c) is paid in a
subsequent year, the amount so paid shall be deducted in computing the
income in respect of that year.
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