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Issues Involved:
1. Deleting the disallowance of Rs. 50 lakhs on account of bad debt written off. 2. Determining whether the sum of Rs. 50 lakhs was irrecoverable and on revenue account or a capital loss. Detailed Analysis: Issue 1: Deleting the Disallowance of Rs. 50 Lakhs on Account of Bad Debt Written Off The core issue revolves around whether the amount of Rs. 50 lakhs, deposited by the assessee as share application money with M/s. Dimension Investment & Securities Ltd., can be written off as a bad debt under section 36(1)(vii) of the Income Tax Act, 1961. Facts of the Case: - The assessee deposited Rs. 50 lakhs as share application money with M/s. Dimension Investment & Securities Ltd. - No shares were allotted, and the assessee opted to convert the share application money into a loan, which was not agreed upon by M/s. Dimension Investment & Securities Ltd. - After waiting for eight months and upon legal advice, the assessee treated the amount as irrecoverable and wrote it off in its books of account, claiming it as a deduction under section 36(1)(vii). Assessing Officer's View: - The Assessing Officer (AO) held that the loss of share application money was a capital loss, not allowable as a bad debt under section 36(1)(vii). - The AO also rejected the alternative plea to allow the deduction as a business loss under section 28(1), stating that the right to receive shares was in the capital field. CIT(A)'s Observations: - The CIT(A) deleted the addition, noting that the AO concurred the money invested had become bad. - The CIT(A) observed that the extinguishment of the right to receive shares occurred in the financial year 1997-98, not in the relevant assessment year. - It was noted that the money was due to the assessee, and the conversion to a loan was a commercial prudence measure to earn interest. - The CIT(A) concluded that it was a business transaction that turned sour, and the genuineness of the transaction was not in question. Tribunal's Analysis: - The Tribunal examined the facts and relevant case laws. - It was noted that the assessee is engaged in advertising, money lending, and investment. - The Tribunal found that the share application money was not converted into a loan, and the amount was written off as irrecoverable. - The Memorandum of Association authorized the assessee to invest surplus funds but did not authorize trading in shares. - Under section 36(1)(vii), a bad debt must be a proper debt of revenue nature, written off as irrecoverable, and taken into account in computing the income of the assessee. - The Tribunal concluded that the amount of Rs. 50 lakhs was not lent in the ordinary course of money lending business and did not qualify as a bad debt under section 36(1)(vii). Issue 2: Irrecoverability and Revenue Account or Capital Loss The second issue concerns whether the Rs. 50 lakhs was irrecoverable and on revenue account or if it was a capital loss. Tribunal's Findings: - The Tribunal referred to several Supreme Court decisions, including A.V. Thomas & Co. Ltd. v. CIT, CIT v. Abdullabhai Abdulkadar, and Amarchand Sobhachand v. CIT. - It was established that the share application money was intended to acquire a capital asset and was not deposited in the course of business or ordinary money lending. - The Tribunal held that the accounting entries made by the assessee without the consent of the other party could not change the character of the share application money into a loan. - The Tribunal determined that the amount of Rs. 50 lakhs could not be treated as a proper debt of revenue nature or incurred in the ordinary course of money lending business. Conclusion: The Tribunal concluded that the assessee was not entitled to a deduction under section 36(1)(vii) read with section 36(2) of the Income Tax Act. The order of the CIT(A) was set aside, and the order of the Assessing Officer was restored. The appeal filed by the revenue was allowed.
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