1983 (1) TMI 11 - HC - Income Tax

Summary

Issues involved: Determination of whether a debt incurred by the assessee-family in a transport company can be claimed as a bad debt u/s 36(2)(i)(a) of the Income-tax Act, 1961.

Summary:
The High Court of Madras had to decide whether a debt incurred by the assessee-family in a transport company could be claimed as a bad debt u/s 36(2)(i)(a) of the Income-tax Act, 1961. The Tribunal had negatived the claim, stating that the debt did not arise in the assessee's cloth and yarn trade. The assessee challenged this decision, arguing that the debt should be allowed as a bad debt under the provision. However, the Court rejected this argument, emphasizing that the debt must have been incurred in the course of the assessee's business to qualify as a bad debt. The Court also discussed the historical interpretation of similar provisions and rejected the assessee's construction of the law. The Court upheld the Departmental view and affirmed the disallowance of the claimed bad debt, stating that it was rightly disallowed in the computation of the assessee's profits from the cloth and yarn trade.

In conclusion, the Court ruled against the assessee, holding that the claimed bad debt was rightly disallowed in the computation of profits from the cloth and yarn trade. The assessee was directed to pay the costs of the Department, including counsel's fee.