2024 (11) TMI 1163 - HC - Income Tax

Nature of loss - Loss sustained by the appellant on account of moneys deposited in Krishi Bank being lost due to liquidation of the Bank - trading loss or business loss u/s 28 or in the alternative bad debt under Section 36(i)(vii) - HELD THAT - None of cases/judgment relied upon are applicable to the present facts and circumstances of the case on the ground that the deposits made by the assessee were in the nature of fixed deposit investments - As the loss suffered by the assessee when the bank went to liquidation is only a capital loss. Hence, the claim of the assessee cannot be treated as bad debt or trading loss. It is pertinent to mention that the Assessing Officer after going through the evidence has specifically gave a finding that the loss suffered by the assessee is only capital loss and the same was confirmed by the appellate authority as well as tribunal. The said finding of the fact cannot be adjudicated in the appeal, while exercising the powers conferred under Section 260A of the Act, as the scope of the appeal is very limited. Substantial question of law is answered against the assessee in favour of revenue.

Summary

Issues Involved:

1. Whether the loss sustained by the appellant due to the liquidation of Krishi Bank can be classified as a trading loss or business loss under Section 28 of the Income Tax Act, 1961.
2. Alternatively, whether the said loss can be considered as a bad debt under Section 36(1)(vii) of the Income Tax Act, 1961.

Issue-wise Detailed Analysis:

1. Classification of Loss as Trading or Business Loss:

The primary issue was whether the loss of Rs. 24,74,584/- incurred by the assessee due to the liquidation of Krishi Bank could be classified as a trading loss or business loss under Section 28 of the Income Tax Act, 1961. The assessee, engaged in the business of selling electrical goods, money lending, and dealing in shares and mutual funds, claimed this loss as a deduction, arguing that it was incidental to the business operations. The Assessing Officer, however, treated the amount as a capital loss, asserting that the fixed deposits were investments rather than business transactions. This view was upheld by both the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal. The court examined precedents, such as Badridas Daga and Ramchandar Shivnarayan, which dealt with losses due to embezzlement or theft as trading losses. However, it concluded that these cases were not applicable here since the loss was related to fixed deposit investments, thus confirming it as a capital loss and not a trading loss.

2. Consideration of Loss as Bad Debt:

Alternatively, the court considered whether the loss could be treated as a bad debt under Section 36(1)(vii) of the Income Tax Act, 1961. The statutory provisions require that for a debt to be classified as a bad debt, it must be written off as irrecoverable in the accounts of the assessee. The court noted that the fixed deposits were investments made from the capital or profits of the assessee and not debts arising from business transactions. Therefore, the loss did not qualify as a bad debt. The court emphasized that the factual findings of the Assessing Officer, confirmed by the appellate authorities, indicated that the loss was capital in nature, and such findings could not be revisited under the limited scope of appeal provided by Section 260A of the Act.

Conclusion:

The court concluded that the precedents cited by the assessee were not applicable to the facts of the case, as the loss was due to fixed deposit investments, not trading activities or business operations. Consequently, the substantial question of law was answered against the assessee, affirming that the loss was a capital loss. The appeal was dismissed, with no merit found in the arguments presented by the assessee. The court held that the findings of fact by the lower authorities were sound and did not warrant interference. The appeal was thus dismissed, with no order as to costs, and any pending miscellaneous applications were closed.