2008 (6) TMI 206 - HC - Income Tax

Money Lending Activity Bad Debts held that - Tribunal have categorically found that there was systematic money-lending activity carried on by the assessee and further found that the assessee was offering such income as part of business activity in the earlier assessment years such as 1996-97 to 1998-98 and that has been accepted by the Department. It is also brought on record that the Assessing Officer has recorded a finding that after perusal of the memorandum of association, one of the objectives of the assessee has been stated to be money-lending Deduction on account of bad debts allowed.

Summary

Issues:
1. Deduction under section 36(1)(vii) - Conditions of section 36(2) satisfaction.

Analysis:
The appeal was filed by the Revenue against the order of the Income-tax Appellate Tribunal regarding the allowability of a deduction under section 36(1)(vii) for the assessment year 2000-01. The primary issue was whether the Tribunal was correct in allowing the deduction even though the assessee failed to satisfy the conditions specified in section 36(2) for the claim under section 36(1)(vii). The assessee, a clearing and forwarding agent, had claimed a significant amount as "bad debt" under section 36(1)(vii) and 36(2). The Assessing Officer disallowed a portion of the claim related to an unsecured loan advanced to a company, stating that the assessee did not meet the conditions of section 36(2) as it was not engaged in the business of money-lending. However, the Commissioner of Income-tax (Appeals) and the Tribunal both found that the assessee was involved in systematic money-lending activities, including bill discounting and call money advances, which were considered part of its business activity. The Tribunal upheld the decision of the Commissioner of Income-tax (Appeals) in favor of the assessee.

The Revenue contended that the assessee was not in the business of money-lending, and therefore, the amount advanced to a specific company could not be treated as a bad debt under section 36(1)(vii). However, the court noted that both the Commissioner of Income-tax (Appeals) and the Tribunal had established the systematic money-lending activities conducted by the assessee. The Tribunal also highlighted that the assessee had offered such income as part of its business activity in previous assessment years, which had been acknowledged by the Department. Additionally, it was noted that one of the objectives of the assessee, as per the memorandum of association, was money-lending. Based on these findings, the court concluded that there was no merit in the appeal, and no substantial question of law existed to entertain the appeal. Consequently, the appeal filed by the Revenue was dismissed.