2019 (6) TMI 1001 - HC - Income Tax

Addition u/s 40 (a) (ia) - payments made to the C F Agents towards ocean freight charges and IHC charges paid in connection with shipment through the non-resident shipping Co. - HELD THAT - The amount of disallowance u/s 40 (a) (ia). Therefore, the tax effect will be around ₹ 3.00 lakhs. Hence, in view of the circular, we do not propose to answer this question of law and we reserve it for some other fit case. Bad debts written off - contention of the Revenue is that the Assessee failed to prove that the amount written off by them had really become a bad debt - AO held that there was no proof to show that what was written off had already become a bad debt - HELD THAT - In T.R.F. Limited v. Commissioner of Income Tax 2010 (2) TMI 211 - SUPREME COURT has clarified that after the amendment of Section 36 (1) (vii) with effect from 01.04.1989, it is not necessary to establish that the debt in fact had become irrecoverable. Therefore, the second substantial question of law does not survive in the light of the said decision of the Supreme Court.

Summary

Issues:
1. Deletion of addition made by assessing officer under section 40 (a) (ia) for payments to C & F Agents.
2. Deletion of bad debts of &8377; 1,85,01,371/- written off by the assessee.

Analysis:

Issue 1: Deletion of addition under section 40 (a) (ia) for payments to C & F Agents
The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961, challenging the deletion of an addition made by the assessing officer under section 40 (a) (ia) for payments to C & F Agents. The substantial question of law raised was whether the Tribunal was correct in law in deleting the addition related to ocean freight charges and IHC charges paid to non-resident shipping Co. The Court noted that the disallowance amount was only &8377; 14,71,187/-, resulting in a tax effect of around &8377; 3.00 lakhs. Referring to a circular, the Court decided not to answer this question and reserved it for another suitable case.

Issue 2: Deletion of bad debts written off by the assessee
Regarding the deletion of bad debts of &8377; 1,85,01,371/- written off by the assessee, the Revenue contended that the assessee failed to prove that the written-off amount had genuinely become a bad debt. The Assessing Officer found no evidence to demonstrate the irrecoverability of the debt. However, citing the case of T.R.F. Limited v. Commissioner of Income Tax, the Court clarified that post the amendment of Section 36 (1) (vii) of the Act, effective from 01.04.1989, it was not mandatory to establish the actual irrecoverability of the debt. Consequently, the Court ruled that the second substantial question of law did not hold ground in light of the Supreme Court's decision. Consequently, the appeal was dismissed, and no costs were awarded.

In conclusion, the Court upheld the deletion of the addition made under section 40 (a) (ia) and the bad debts written off by the assessee based on the legal principles and precedents cited during the proceedings.