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2012 (7) TMI 155 - AT - Income TaxDisallowance of bad debts - Held that - Simply following the findings of earlier assessment years AO has not given any reason for disallowing the claim - after the amendment in Section 36(1)(vii), the assessee is not required to demonstrate that the debt is bad - in favour of assessee. Addition of service charges - AO stated that company changed its policy of accounting the service charges from mercantile system to cash system - Held that - As assessee being a non banking finance company is bound to follow the guidelines of RBI according to which NBFC are not required to credit interest on NPA on accrual basis as the interest is required to be credited only on receipt basis - in favour of assessee. Disallowance being amount deducted as TDS on payments in respect of charges for services - Held that - That amount paid was only to the discharge of the liability which liability the assessee had taken to pay as part of the agreement entered into. The amount so paid as tax has been held to be the amount payable between the collaborator and the assessee - against assessee.
Issues:
1. Disallowance of bad debts. 2. Deletion of service charges. 3. Disallowance of TDS on payments for services. Issue 1: Disallowance of bad debts: The Revenue filed appeals against the orders of Ld. CIT(A)-4, Mumbai for assessment years 2003-04 to 2005-06. The AO disallowed bad debts claimed by the assessee, citing that a non-finance company cannot claim bad debts. However, the Ld. CIT(A) directed the AO to allow the claim based on the amended provisions of Sec. 36(1)(VII), stating that only writing off the debt in the books is required. The ITAT upheld the Ld. CIT(A)'s decision, noting that the AO did not provide reasons for disallowance and that similar additions in earlier years were deleted by the Ld. CIT(A), which the Revenue accepted. The ITAT allowed the claim based on precedent and the amended law. Issue 2: Deletion of service charges: The AO added service charges to the total income as the company changed its accounting method from mercantile to cash system, not accepting the change. The Ld. CIT(A) deleted the addition, considering RBI guidelines for non-banking finance companies to recognize interest income on non-performing assets (NPA) on a cash basis. The ITAT upheld the Ld. CIT(A)'s decision, stating that the company must follow RBI guidelines and recognized interest income only on actual receipt basis, confirming no error in the decision. Issue 3: Disallowance of TDS on payments for services: The AO disallowed TDS deducted on payments to Visa/Master Card International, claiming it was not an expenditure for the business. The Ld. CIT(A) allowed the claim based on precedent cases where such payments were considered as part of the agreement and a discharge of liability. The ITAT dismissed the Revenue's appeal, citing decisions of High Courts that similar payments were in discharge of liabilities as per agreements. The ITAT upheld the Ld. CIT(A)'s decision, dismissing the Revenue's ground. In conclusion, the ITAT dismissed all appeals filed by the Revenue for the assessment years 2003-04, 2004-05, and 2005-06, as common grounds and issues were involved in all three appeals. The decisions were based on legal interpretations, precedent cases, and adherence to RBI guidelines for non-banking finance companies.
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