1982 (2) TMI 107 - AT - Income Tax

Summary

Issues: Admissibility of a sum as bad debt or business loss for the assessment year 1976-77.

In the judgment delivered by the Appellate Tribunal ITAT BOMBAY-D, the dispute revolved around the admissibility of a sum of Rs. 52,252 as a bad debt or a business loss for the assessment year 1976-77. The bad debt in question arose in the account of a company, and the department contended that the claim made by the assessee was premature. The assessee had sold goods to the debtor in 1974, but the cheques received were not realized. Subsequently, the debtor company went into liquidation, and the affairs vested in the official liquidator. The department argued that the assessee could not have lost all hopes of recovering the debt based on certain expressions used in correspondence. However, the Tribunal analyzed the overall facts and circumstances, noting that the debtor had not paid the assessee, its cheque had been dishonored, and the secured creditors had claims larger than the assets of the debtor. The Tribunal held that the debt had indeed become bad in the year under consideration, and thus directed that the corresponding deduction be allowed. Ultimately, the appeal was allowed, ruling in favor of the assessee.