PRINCIPAL COMMISSIONER OF INCOME TAX 2 vs. HITACHI HOME AND LIFE SOLUTIONS (INDIA) LTD
What did the High Court hold?
The High Court held that no substantial question of law arises in the present Tax Appeal. The Tribunal had deleted the addition made by the AO, allowing the deduction in relation to the amount written off as bad debts or irrecoverable. It was not disputed that the assessee had written off the said debt in its balance sheet. The Court relied on the Supreme Court's decision in T.R.F. Ltd. v. Commissioner of Income-Tax, which held that for claiming deduction in relation to bad debts, the assessee is only required to establish that the debt has been written off and it is necessary to establish that the debt has in fact become irrecoverable. In view of this decision, the Court found no error in the Tribunal's deletion of the addition made by the AO. The appeal was dismissed.
What were the facts?
The assessee, Hitachi Home and Life Solutions (India) Ltd., filed its return for Assessment Year 2006-07. During scrutiny assessment, the Assessing Officer (AO) disallowed a write-off of Rs. 1,58,529/- representing irrecoverable advances and debit balances, adding it back to the assessee's income. The AO was not satisfied that the debts had become bad. The Commissioner of Income Tax (Appeals) confirmed this addition, holding that the advances did not arise from sales and were not in the nature of bad debts. The assessee appealed to the Income Tax Appellate Tribunal (ITAT). The ITAT, relying on the Supreme Court's decision in T.R.F. Ltd. v. Commissioner of Income-Tax, deleted the addition. The Revenue has appealed this ITAT order.
What were the issues?
1. Whether the Appellate Tribunal has substantially erred in law and on facts in allowing the amount of Rs. 1,58,529/- on account of disallowance made of deduction in respect of writing off of the irrecoverable advances and other debit balances claimed by the assessee u/s 36(1)(vii) of the Act? Assessee's arguments: Not recorded in the judgment. Revenue's arguments: The learned Tribunal has materially erred in not appreciating that the amount of Rs. 1,58,529/- representing the advance given to different parties was not arising out of sale and accordingly, it was not in the nature of bad debts. Therefore, the impugned order passed by the learned Tribunal deserves to be quashed and set aside.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.08.2014 passed by the learned Income Tax Appellate Tribunal, ‘B’ Bench, Ahmedabad in XObjection No.148/Ahd/2011 for the Assessment Year 200607, the Revenue has preferred the present Tax Appeal with the following proposed substantial question of law. “Whether the Appellate Tribunal has substantially erred in law and on facts in allowing the amount of Rs.1,58,529/ on account of disallowance made of deduction in respect of writing off of the O/TAXAP/281/2015 JUDGMENT irrecoverable advances and other debit balances claimed by assessee u/s 36(1)(vii) of the Act?” [2.0] That the assessee filed the return of income for Assessment Year 200607 declaring total income of Rs.15,62,01,340/. The case was selected for scrutiny under CASS. Accordingly, notice under section 143(2) of the Income Tax Act, 1961 (hereinafter referred to as “Act”) was issued and served upon the assessee company. That during the assessment proceedings the AO found that the assessee had written off advances amounting to Rs.1,58,529/. The AO was of the opinion that it was not allowable as the assessee had not justified as to how the debts had become bad. That the AO having not satisfied with the explanation given by the assessee the AO added Rs.1,58,529/ back to the income of the assessee. That on an appeal by the assessee, the learned CIT(A) confirmed the addition made by the AO holding that the amount of Rs.1,58,529/ representing the advance given to different parties was not arising out of sale and accordingly it was not in the nature of bad debts. Further, the learned CIT(A) deleted the disallowance made by the AO against which the Revenue preferred appeal to which we are not concerned in the present appeal. Against confirming the addition made by the AO of Rs.1,58,529/, the assessee preferred Xobjection being CO No.148/Ahd/2011 and relying upon the decision of the Hon’ble Supreme Court in the case of T.R.F. Ltd. v. Commissioner of Income Tax reported in 323 ITR 397 (SC), the learned Tribunal has deleted the addition of Rs.1,58,529/. [2.1] Feeling aggrieved and dissatisfied with the impugned order passed by the learned Tribunal, in allowing an amount of Rs.1,58,529/ on amount of disallowance made of deduction in respect of writing off of the irrecoverable advances and other debit balances claimed by the assessee under section 36(1)(vii) of the Act, the Revenue has preferred the present Tax Appeal with the aforesaid proposed substantial question of law. O/TAXAP/281/2015 JUDGMENT [3.0] Mrs. Bhatt, learned Counsel appearing on behalf of the Revenue has vehemently submitted that the learned Tribunal has materially erred in not appreciating the fact that the amount of Rs.1,58,529/ representing the advance given to different parties was not arising out of sale and accordingly, it was not in the nature of bad debts. It is submitted that therefore the impugned order passed by the learned Tribunal deserves to be quashed and set aside. [4.0] Having heard learned advocate appearing on behalf of the appellant – Revenue it appears that by impugned order the learned Tribunal has deleted the addition made by the AO and not allowing the deduction in relation to the aforesaid amount as bad debts and/or it become irrecoverable. It is not in dispute that as such the assessee written off the said debt in the balance sheet. In the case of T.R.F. Ltd. (Supra), the Hon’ble Supreme Court has observed and held that for claiming deduction in relation to bad debts, the assessee is only required to establish that the debt has been written off and it is necessary to establish that the debt has infact become irrecoverable. In view of the aforesaid decision of the Hon’ble Supreme Court, it cannot be said that the learned Tribunal has committed any error in deleting the addition made by the AO of Rs.1,58,529/ of which the deduction was claimed as written off and as irrecoverable in the accounts of the assessee. [5.0] No substantial question of law arise in the present Tax Appeal and the same deserves to be dismissed and is, accordingly, dismissed.
Sd/ (M.R. SHAH, J.)
Sd/ (S.H. VORA, J.)
Ajay
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