2010 (10) TMI 1202 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of Security Deposit written off as bad debts.
2. Addition u/s 41(1) on the ground of cessation of liability.

Summary:

1. Disallowance of Security Deposit written off as bad debts:
The appellant, an engineering contractor, filed a return admitting Nil income. The AO disallowed a bad debt claim of Rs. 2,94,972/- written off as security deposit, considering it a capital advance. The CIT(A) upheld this disallowance, stating that the law requires trade debts to become bad for deduction. However, the Tribunal found that the security deposits given to ONGC were adjusted against penalties for delayed deliveries and commercial defects, thus allowable as business loss. Additionally, a sum of Rs. 2,00,000/- given as security advance for leasing business premises, which became irrecoverable, was also deemed allowable as business/trading loss. The Tribunal allowed the assessee's appeal on this issue.

2. Addition u/s 41(1) on the ground of cessation of liability:
The appellant had liabilities of Rs. 27,99,922/- towards royalty and technical fees payable to VDH Europe BV, which were more than 10 years old. The AO added this amount back to the total income u/s 41(1), concluding that the liability had ceased. The CIT(A) upheld this addition, noting the liabilities were old, not pursued by creditors, and payable to foreign parties. However, the Tribunal found that as the liability continued to be shown in the books, there was no remission or cessation of liability. The Tribunal allowed the assessee's appeal on this issue.

Conclusion:
The appeal of the assessee was allowed on both issues. The Tribunal concluded that the security deposit written off was allowable as business loss and that the liability towards royalty and technical fees continued to be shown in the books, thus not taxable u/s 41(1).