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Issues: Disallowance of claimed deduction of Rs. 57,108 written off
The judgment involves an appeal against the disallowance of a deduction of Rs. 57,108 written off by a registered firm engaged in share and stock brokerage business. The firm had claimed the deduction for bad debt in the assessment year 1978-79, which was rejected by the Income Tax Officer. The dispute arose from an incident where an employee embezzled money, leading to the firm filing a civil suit for recovery. The Appellate Tribunal had to determine the allowability of the deduction under Section 28 or Section 37 of the Income Tax Act. Analysis: The Appellate Tribunal considered the firm's argument that the deduction should be allowed as a trading loss under Section 28 or Section 37 of the Income Tax Act. The Tribunal noted that the necessary entries regarding the embezzled cash were not found in the firm's books of accounts since the money received by the employee was embezzled and not reported. The withdrawal of the police complaint and the decision not to launch criminal proceedings were also factors considered by the Tribunal. These decisions were seen as part of the firm's strategy to recover the embezzled amount, and the Tribunal emphasized that such decisions are within the purview of the assessee. Moreover, the Tribunal highlighted that the firm's actions, such as making payments on behalf of customers to maintain reputation and good relations, were indicative of the business nature. The Tribunal relied on precedents like Badridas Daga vs. CIT and other cases to support the allowance of the deduction as a trading loss. It was emphasized that the risk of such losses and expenditures is inherent in the business environment, justifying the allowance of the claimed deduction. Ultimately, the Tribunal set aside the order of the Appellate Commissioner and directed the Income Tax Officer to allow the deduction as claimed by the firm. The Tribunal also instructed the ITO to pass consequential orders for the partners of the firm. The appeal was allowed in favor of the firm, concluding the dispute over the disallowed deduction of Rs. 57,108 written off by the firm in the relevant assessment year.
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