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2008 (2) TMI 399 - HC - Income TaxBad Debts - if the assessee has written off the debt as a bad debt that would satisfy the purpose of the section 36(1)(vii) Deduction is allowed despite the debt has not become bad merely written off in the books of account are sufficient
Issues:
1. Disallowance of bad debt by the Commissioner of Income-tax (Appeals). 2. Exclusion of interest on bank deposit for computing deduction under section 80HHC. Issue 1: Disallowance of Bad Debt The case involved an appeal questioning the Tribunal's confirmation of the Commissioner of Income-tax (Appeals) order deleting the disallowance of Rs. 79,27,211 on account of bad debt. The amendment to section 36(1)(vii) of the Income-tax Act and Circular No. 551 were crucial in this matter. The amendment clarified that a bad debt could be allowed in the year it was written off as irrecoverable in the accounts. The Court emphasized that if the assessee had written off the debt as a bad debt, it satisfied the section's purpose. The Court cited precedents from the Delhi High Court and the Gujarat High Court to support this interpretation. Consequently, the Tribunal's decision was upheld, and the question of law did not arise. Issue 2: Exclusion of Interest on Bank Deposit The second issue revolved around the Tribunal modifying the Commissioner of Income-tax (Appeals) order and directing the Assessing Officer to re-adjudicate the matter. Since the issue was open for consideration, the Court determined that the question of law did not arise, leading to the dismissal of the appeal. The Tribunal's decision to re-adjudicate the issue was deemed appropriate, and the Court did not find fault with it based on the circumstances presented. In conclusion, the judgment addressed the disallowance of bad debt and the exclusion of interest on bank deposit for deduction under section 80HHC. The Court's analysis of the legal provisions, supported by relevant precedents, guided the decision-making process, ultimately leading to the dismissal of the appeal on both issues.
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