1980 (9) TMI 170 - AT - Income Tax

Summary

Issues:
Appeal against disallowance of bad debt claim by AAC.

Analysis:
The appeal before the Appellate Tribunal ITAT Pune involved the disallowance of the assessee's claim for bad debt amounting to Rs. 6,809 by the ITO and subsequently upheld by the AAC. The assessee, a registered firm, had supplied grains to M/s T.S. Rajgopal, who failed to pay the amount owed. M/s T.S. Rajgopal filed an insolvency petition acknowledging the debt owed to the assessee. The ITO rejected the claim citing that the date of payment had become time-barred. The AAC concurred with the ITO's decision, leading to the appeal before the Tribunal.

During the appeal hearing, it was highlighted that the assessee had not been able to recover any amount from M/s T.S. Rajgopal despite their acknowledgment of the debt. The assessee incurred expenses related to legal proceedings to recover the debt, indicating the genuine efforts made to recover the amount owed. The Tribunal considered the circumstances surrounding the debt and referred to a judgment of the Bombay High Court emphasizing that a debt can be written off as bad when there is no possibility of recovery, based on an honest judgment by the assessee at the time of write-off.

After analyzing the facts and legal principles, the Tribunal concluded that there was no prospect of recovering the debt from M/s T.S. Rajgopal. Citing the decision of the Bombay High Court, the Tribunal held that the assessee's claim for the bad debt should be allowed. Therefore, the Tribunal allowed the assessee's appeal, overturning the decisions of the ITO and the AAC, and directing the allowance of the bad debt claim amounting to Rs. 6,809 for the relevant year.