2023 (7) TMI 276 - AT - Income Tax

Investment write off - business loss OR capital in nature - assessee ceased to function and its books of accounts, files, records and other documents were taken in possession by official liquidator and other investigating agencies - HELD THAT - Official liquidator had sold the investments held by the assessee and the amounts were appropriated by the Official Liquidator but no details were made available to the assessee. Consequently, it was not possible to update the accounts of the company. The balances as on 31.03.1999 were carried forward from year-to-year till 2013. After revival of the company, a review of the investments, current assets and current liabilities was made and necessary accounting entries were affected in the books of accounts in this year in order to reflect the correct balances. It could thus be seen that it was case of restatement of assets and liabilities at correct value in the absence of information forthcoming from official liquidator. No real income accrued to the assessee. Upon perusal of financial statements, it could be seen that the assessee has not earned any income from business operations but the credit to Profit Loss Account merely constitutes similar write-backs etc. Therefore, the disallowance as made by lower authorities could not be upheld. AO is directed to re-compute the income / loss of the assessee.

Summary

Issues involved: Disallowance of investments written-off, advances/debtors written-off, and cash/bank balances written-off as business loss for Assessment Year 2014-15.

Summary:

1. Disallowance of investments written-off:
The assessee, a non-banking finance company, faced disallowance of investments written-off during the year. The assessee argued that it was a case of restatement of financial statements with no real income accrued. The official liquidator had sold the shares belonging to the assessee during winding up proceedings, and the balances from 1999 were carried forward until 2013. After revival, necessary accounting entries were made to reflect correct balances. The tribunal found that the disallowance by lower authorities could not be upheld as no real income was earned by the assessee. The Assessing Officer was directed to re-compute the income/loss of the assessee.

2. Disallowance of advances/debtors and cash/bank balances written-off:
The assessee's write-off of debtors, bank balances, and write-back of creditors were also challenged. The assessee explained that balances available in bank accounts were transferred to the official liquidator's account in 2004, making them non-existent and thus written-off. Outstanding debtors and creditors since 1999 were also adjusted to reflect the true state of affairs. The tribunal found that these adjustments were necessary due to the circumstances faced by the assessee and the lack of business activity during the financial year. The disallowance of aggregate expenditure was not upheld, and the appeal was allowed.

Separate Judgment: No separate judgment was delivered by the judges in this case.

Conclusion:
The tribunal ruled in favor of the assessee, directing the Assessing Officer to re-compute the income/loss considering the restatement of financial statements and the circumstances faced by the company during the assessment year. The disallowance of investments written-off, advances/debtors written-off, and cash/bank balances written-off as business loss was overturned, highlighting the need for adjustments in light of the company's situation.