2017 (7) TMI 1320 - AT - Income Tax

Disallowance of irrecoverable debt (TDS certificates) written off - addition on the premise that TDS recoverable from customer is not a bad debt and non receipt of TDS certificate cannot be reason for non claim of TDS credit due to appellant - whether deduction of irrecoverable TDS is not available due to non-compliance with provisions of Income tax Act 1961 - HELD THAT - Identical issue having similar facts was a subject matter of the departmental appeal in the case of ACIT Circel-5(1) New Delhi Vs Kelly Services India Pvt. Ltd. 2013 (1) TMI 83 - ITAT DELHI wherein the identical issue has been decided in favour of the assessee by observing what is material is the factors or the circumstances which cause loss if the loss occurred during the course of carrying on the business it is incidental to it and hence allowable. Admittedly in this case the assessee suffered loss during the course of carrying on its business therefore same is allowable - as the issue involved is having the similar facts as involved in the case of CIT vs. Shreyans Industries Limited the order of the CIT (A) on this issue sustained - Decided in favour of assessee.

Summary

Issues:
Disallowance of irrecoverable debt (TDS certificates) written off for claiming bad debt deduction under the Income Tax Act, 1961.

Analysis:

Issue 1: Disallowance of Irrecoverable Debt (TDS Certificates) as Bad Debt:
- The appellant contested the disallowance of ?14,50,350 for writing off TDS certificates as bad debt.
- The Assessing Officer (AO) rejected the claim, stating that TDS recoverable from the client is not considered a bad debt and non-receipt of TDS certificates does not justify non-claim of TDS credit.
- The AO highlighted the failure of the appellant to provide evidence of claiming and not receiving the TDS credit due to them.
- The AO also noted that the clients from whom TDS certificates were not received included multinational companies and big corporations, and the appellant did not offer reasons for the non-receipt of these certificates.
- The appellant argued that the issue was similar to a previous ITAT Delhi Bench decision in favor of the assessee.
- The ITAT referred to the decision in the case of ACIT vs. Kelly Services India Pvt. Ltd., where a similar issue was decided in favor of the assessee based on the principles outlined by the Hon'ble Punjab & Haryana High Court.
- The ITAT upheld the appellant's claim, citing that the loss incurred due to non-receipt of TDS certificates constituted a deductible business loss, following precedents set by the Supreme Court and other High Courts.
- Consequently, the impugned addition made by the AO and upheld by the CIT(A) was deleted, and the appeal of the assessee was allowed.

Conclusion:
The ITAT ruled in favor of the appellant, allowing the claim for writing off TDS certificates as bad debt based on established legal principles and precedents. The decision highlighted the deductibility of losses incurred during business activities, emphasizing the importance of following relevant provisions of the Income Tax Act, 1961.