9911796707
|
Home
Issues:
- Allowance of claim as a loss incidental to trade in assessment year 1969-70 Analysis: The case involved a question referred by the Income-tax Appellate Tribunal regarding the justification of allowing the assessee's claim of Rs. 71,648 as a loss incidental to trade in the assessment year 1969-70. The assessee, a public limited company engaged in the manufacture and sale of rosin and turpentine, had faced a situation where goods worth Rs. 73,081 sent to a purchaser were not taken delivery of, leading to a claim of bad debt in the subsequent year. The Income Tax Officer (ITO) disallowed the claim, stating it was not a bad debt or a business loss. The Appellate Tribunal, however, accepted the claim, noting that the mistake in entries led to an inflated profit in a previous year, which was corrected in the relevant year. The Tribunal considered the loss incidental to trade and allowable under section 28 of the Income Tax Act. In the High Court's analysis, it was emphasized that for a claim to be considered a trading loss, it must be incidental to trade and occur in the relevant accounting year. The court referred to precedents related to embezzlement of funds, highlighting that in cases of trade loss, there is no expectation of restitution, unlike embezzlement scenarios. The court distinguished the current case from previous decisions, noting that it was a mistake in passing entries rather than a trading loss. The mistake occurred in a previous year, and the correction made in the assessment year 1969-70 was not justifiable as a bad debt or trade loss. The court disagreed with the Tribunal's view and ruled in favor of the department, denying the allowance of the claim as a loss incidental to trade in the assessment year 1969-70. The Commissioner was awarded costs for the case.
|
