2021 (8) TMI 1098 - AT - Income Tax

Set off of Business Loss and unabsorbed depreciation of scooter business against property dealing income - whether the income declared in the course of survey and disclosed in the return of income as business income, could be eligible for set off of loss or not? - HELD THAT - More particular circular issued by CBDT, Circular No.1/2019 dated 18.06.2019, the claim of the assessee for set off of loss would be allowable. As it is clarified by the CBDT that section 115BBE(2) came into statute book w.e.f. 01.04.2017, we hold accordingly. AO is hereby directed to allow the claim of set off of loss against the business income disclosed during the course of survey proceedings. Thus, Ground Nos.1 2 raised by the assessee are allowed.

Summary

Issues:
1. Set off of Business Loss and unabsorbed depreciation against Property Dealing income.
2. Computing income from Property Dealing Business under Deemed Income.
3. Allowance of set off of loss against surrendered income.

Analysis:

Issue 1: Set off of Business Loss and unabsorbed depreciation against Property Dealing income
The appellant contested the denial of set off of Business Loss and unabsorbed depreciation against Property Dealing income of ?25,00,000. The Assessing Officer disallowed the set off, resulting in an addition of the surrendered income. The appellant argued that the surrendered income was disclosed as business income, justifying the claim for set off. The appellant cited relevant case laws and circulars to support the claim. The Tribunal referred to precedents and the CBDT circular, emphasizing that set off of losses against deemed income is allowable till a specific date. Consequently, the Tribunal directed the Assessing Officer to allow the set off, thereby allowing Ground Nos. 1 & 2 raised by the appellant.

Issue 2: Computing income from Property Dealing Business under Deemed Income
The appellant raised concerns about the computation of income from Property Dealing Business under Deemed Income instead of Business Income. However, this issue was not elaborated upon in the judgment, and no specific decision was provided regarding this ground.

Issue 3: Allowance of set off of loss against surrendered income
The crux of the dispute revolved around the allowance of set off of loss against the surrendered income. The appellant supported their claim with legal precedents and circulars, highlighting the legislative intent behind the relevant provisions. The Tribunal, after thorough consideration of the arguments and legal framework, directed the Assessing Officer to allow the set off of loss against the business income disclosed during the survey proceedings. Consequently, Ground Nos. 1 & 2 raised by the appellant were allowed, while Ground No. 3, being general in nature, was not adjudicated upon.

In conclusion, the Tribunal's decision favored the appellant, allowing the set off of Business Loss and unabsorbed depreciation against the Property Dealing income. The judgment highlighted the importance of legal provisions, precedents, and circulars in determining the eligibility for such set offs, ultimately providing relief to the appellant in this tax matter.