2015 (6) TMI 934 - AT - Income Tax

Disallowance of bad debts - CIT(A) deleted the disallowance - Held that - On the one hand, the AO is taxing the income shown by the assessee by way of liabilities no longer required written off of ₹ 36,91,095/-, but, on the other hand, the AO was not allowing deduction for bad debts of ₹ 34,64,718/- claimed by the assessee. Further, the DR has not controverted the findings of the CIT(A) that bad debt of ₹ 34,64,718/- claimed by the assessee was shown as sales by the assessee in the earlier years, which was accepted by the AO as genuine. Further, the Hon ble Supreme Court in the case of T.R.F.Ltd. (2010 (2) TMI 211 - SUPREME COURT ) has held that it was not necessary for the assessee to show after 1.4.1989 as per amended section 36(1)(vii) of the Act that the debts have in fact become irrecoverable, but only writing off of the same in the accounts by the assessee was enough. It is not in dispute that the assessee has written off debts of ₹ 34,64,718/- as bad in its books of accounts. It has not been disputed that the debt which has been written off by the assessee arose out of sales made on credit in earlier years and the same was shown as receivable by the assessee in last several years. The same balance was brought forwarded from earlier several years and no recovery therein was made in last few years. The write off of the debts in the books of accounts by the assessee is prima facie evidence of its becoming bad. The Revenue could not bring any material on record to show that the debt had not become bad or any recovery was made by the assessee. Thus no good reason to interfere with the order of the CIT(A) - Decided against revenue.

Summary

Issues:
- Disallowance of bad debts amounting to Rs. 34,64,718.

Analysis:
1. The appeal was filed by the Revenue against the order of the Commissioner of Income-Tax (Appeals)-XI, Ahmedabad. The Tribunal initially dismissed the appeal due to low tax effect. However, the matter was taken to the Hon'ble Gujarat High Court, which set aside the Tribunal's order and remanded the case back for a decision on merits.

2. The main ground of appeal by the Revenue was the disallowance of Rs. 34,64,718 on account of bad debts. The Assessing Officer (AO) required the assessee to provide detailed information regarding the bad debts claimed. The assessee explained that the debts were very old, the company had ceased operations, and the debts were written off as unrecoverable. The AO disallowed the deduction citing the absence of provisions for adjusting income from writing off liabilities against bad debts under the Income Tax Act.

3. The Commissioner of Income Tax (Appeals) allowed the claim of the assessee, noting that the company had written off liabilities and claimed bad debts. The CIT(A) held that the assessee had complied with the conditions under section 36(1)(vii) for claiming bad debts. The CIT(A) also referred to a decision by the Hon'ble Gujarat High Court to support the assessee's position.

4. During the hearing, the Departmental Representative (DR) supported the AO's order, while the assessee's representative relied on a Supreme Court decision stating that it was not necessary to prove the irrecoverability of bad debts after the amendment to section 36(1)(vii) of the Income Tax Act in 1989.

5. The Tribunal found that the assessee had shown income by writing off liabilities but was denied a deduction for bad debts by the AO. The Tribunal noted that the Supreme Court decision clarified that proving the irrecoverability of bad debts was not required post the 1989 amendment. The Tribunal upheld the CIT(A)'s decision, stating that the write-off in the accounts was sufficient evidence of the debts being bad, especially since no recovery attempts were made by the assessee.

6. Ultimately, the Tribunal dismissed the Revenue's appeal, confirming the decision in favor of the assessee. The Tribunal found no reason to interfere with the CIT(A)'s order, as the assessee had met the necessary conditions for claiming bad debts under the Income Tax Act.

This detailed analysis covers the issues involved in the legal judgment comprehensively, highlighting the arguments presented by both parties and the reasoning behind the final decision of the Tribunal.