2012 (6) TMI 298 - AT - Income Tax

Dis-allowance of bad debts - difference in accounting methodology - bad debts of 7.5 crores adjusted against available balance of 1.81 crore in provision for bad debts and balance directly to P/L/ a/c - Revenue dis-allowed claim on ground that whole bad debts should have routed through Provision for Bad debts - Held that - Contention of assessee that as per sec. 36(2)(v), the bad debts can be debited only to the extent of the available balance in the Provision account, is accepted as the same is in accordance with the accounting principles. Even if methodology suggested by AO is accepted, net effect would have been same. Hence CIT(A) has rightly deleted the dis-allowance - Decided in favor of assessee. Reduction of excess provision back - partial dis-allowance u/s 14A - dividend income - Held that - Matter restored to file of AO for fresh examination.

Summary

Issues involved:
1. Disallowance of bad debts claim
2. Relief of excess provision written back
3. Disallowance made u/s 14A of the Act

Issue 1: Disallowance of bad debts claim
The Assessing Officer (AO) disallowed the bad debts claim as the assessee did not comply with sec. 36(2)(v) by not debiting the entire bad debts amount to the "Provision for Bad debts a/c." The AO disallowed Rs. 5,70,13,359/- of the claim. The CIT(A) deleted this disallowance, stating that the debit/adjustment should align with the available balance in the provision account. The Tribunal agreed, citing accounting principles that a provision account can only have a credit balance, and the net effect of both methodologies would be the same. Thus, the Tribunal upheld the CIT(A)'s decision on this issue.

Issue 2: Relief of excess provision written back
The AO did not discuss the excess provision written back in the assessment order. The assessee argued that since no deduction was claimed earlier for the provision written back, it cannot be taxed u/s 41(1) of the Act. The Tribunal found this matter needing examination by the AO and set aside the CIT(A)'s order for fresh consideration in accordance with the law.

Issue 3: Disallowance made u/s 14A of the Act
The AO disallowed expenses relatable to exempted dividend income u/s 14A, considering 5% of the dividend income. The CIT(A) directed to disallow 0.5% of the average value of investments. The assessee cited a Karnataka High Court decision treating dividend income as business income. However, without clear evidence in the current case, and no copy of the relevant High Court decision provided, the Tribunal found this issue needing fresh examination by the AO in light of the jurisdictional High Court's decision. The Tribunal set aside the CIT(A)'s order for reconsideration.

In conclusion, the Tribunal partly allowed the revenue's appeal and allowed the cross objections filed by the assessee. The judgment provided detailed analyses for each issue, ensuring a comprehensive understanding of the decisions made.