2013 (9) TMI 1056 - AT - Income Tax

Capital gain computation u/s 50 r.w.s 50C - Held that - For the purpose of computation of capital gain the flat has to be treated as short term capital gain u/s 50 of the IT Act but for the purpose of applicability of tax rate it has to be treated as long term capital gain if held for more than three years. We accordingly direct the AO to compute the capital gain from the sale of flat and apply the appropriate tax rate after necessary verification in the light of observations made in this order. Addition of bad debts - Held that - Deposits/advances given in connection with business are very old and have not been recovered till now. The assessee had therefore written off the amounts in the books of accounts. It is not cost effective to enforce recovery by filing suits. In our view considering the smallness of amounts and the facts and circumstances of the case claim has to be allowed as business loss.

Summary

Issues:
1. Computation of capital gain u/s 50 r.w.s 50C of the IT Act and application of tax rate.
2. Addition on account of bad debt written off.

Analysis:
1. Computation of Capital Gain and Tax Rate Application:
The appeal involved disputes on two grounds: addition to capital gain u/s 50C of the IT Act and addition on account of bad debt written off. The assessee raised an additional ground regarding the tax rate to be applied in case of capital gain computed u/s 50 r.w.s 50C of the Income Tax Act. The Tribunal admitted this additional ground for adjudication. The dispute primarily revolved around the applicability of section 50C to the computation of capital gain from depreciable assets. The authorities below, supported by a Special bench of Tribunal, held that section 50C would apply in such cases. However, the assessee argued that the capital gain should be treated as long term if the asset was held for more than three years, citing relevant case laws. The Tribunal agreed with the assessee, directing the AO to compute the capital gain and apply the appropriate tax rate accordingly.

2. Addition on Account of Bad Debt:
The second dispute concerned the addition of a specific amount on account of bad debt, confirmed by the CIT(A). The AO disallowed a portion of the claimed bad debt, requiring the assessee to establish that the debt had actually become bad and had been considered in earlier income computations. In appeal, the CIT(A) referred to a Supreme Court judgment, stating that proof of irrecoverability was no longer necessary if the debt was written off and considered in previous income calculations. The CIT(A) allowed most of the claim but disallowed a specific amount. The assessee contended that the disallowed amount should be considered as business loss due to non-recovery despite being written off in the books. The Tribunal agreed with the assessee, considering the circumstances and small amounts, and allowed the claim as business loss.

In conclusion, the Tribunal partly allowed the appeal of the assessee, resolving the disputes related to capital gain computation, tax rate application, and the treatment of bad debts, providing detailed reasoning and legal references for each issue.