S B COLD STORAGE INDUSTRIES PVT. LTD.,KOLKATA vs. A.C.I.T., CIRCLE - 7(2), , KOLKATA
What did the Tribunal hold?
The Tribunal found conflicting statements regarding the submission of documents for the bad debts claim. Therefore, the Tribunal decided to remand the issue back to the Assessing Officer for fresh examination.
What were the facts?
The assessee claimed a provision for doubtful debts. The Assessing Officer disallowed a portion of this claim and made another addition. The CIT(A) partly allowed the appeal, sustaining the disallowance of bad debts due to lack of evidence.
What were the issues?
Whether the disallowance of bad debts was justified and whether the assessee had provided sufficient evidence to substantiate its claim.
Which sections of the Income-tax Act were involved?
Section 36(1)(vii),Section 40(a)(i),Section 143(2),Section 142(1),Section 139(1),Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH KOLKATA
Before: SHRI SONJOY SARMA & SHRI SANJAY AWASTHI
O R D E R
PER SONJOY SARMA, JM:
This appeal of the assessee for the assessment year 2016-17 is directed against the order dated 27.06.2024 passed by the ld. Commissioner of Income-tax (Appeals), ADDL/JCIT(A)-2, Coimbatore [hereinafter referred to as ‘the ld. CIT(A)’] u/s.250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”.).
The assessee is a private limited company engaged in the business of running a cold storage facility for potatoes. Assessee filed its original return of income on 17.10.2016 declaring a loss of Rs.7,12,30,988/- within the time limit u/s. 139(1) of the Act. Subsequently, assessee revised its return of income on 16.12.2017 reducing the declared loss to Rs.32,66,516/- by withdrawing the claim for provisions of doubtful debts in accordance with the provisions of the Act. Subsequently, notice u/s. 143(2) following by another notice u/s. 142(1) of the Act was issued to the assessee requiring it to furnish various details including break up of bad debts claim at Rs.26,09,777/- along with justification for allowability of its claim u/s. 36(1)(vii) of the Act. The Ld. AO after examining the relevant aspects of the case completed the assessment by reducing the total loss of Rs.64,790/- against the revised loss of Rs.32,66,516/- as claimed by the assessee. This reduction of loss arises due to the adjustments. Disallowance of assessee’s claim of bad debts amounting to Rs. 26,09,777/- on the ground of the assessee failed to establish the allowability of its claim, and the other addition of Rs.1,08,015/- made u/s. 40(a)(i) of the Act. Consequently, the assessee’s total income was assessed at reduced figure of loss of Rs.64,790/-.
Dissatisfied with the above order, assessee filed an appeal before the Ld. CIT(A) seeking relief from the disallowance of bad debts and the other addition made by the AO. However, Ld. CIT(A) partly allowed the appeal of the assessee and on the issue of bad debts sustained the addition stating that assessee failed to provide sufficient evidence. Despite being requested to submit the required details, assessee reportedly did not submit any further proof by the specified date leading the Ld. CIT(A) to sustain the disallowance of Rs.26,09,777/-.
Aggrieved by the order of the Ld. CIT(A), assessee filed an appeal before this Tribunal contending that all necessary documents to substantiate its claim regarding bad debts were in fact submitted on 26.11.2023. The Ld. AR argued that Ld. CIT(A) did not consider this document, which lead to summarily dismissal of the assessee’s claim. The Ld. AR submitted before the bench that the matter may be remanded back to the file of the AO for re-examination of the instant issue so that the issue of bad debts would be evaluate solely based on the documents filed by the assessee.
On the other hand, the Ld. DR supported the decision of the authorities below.
After hearing the rival submissions of the parties and on examination of the material available on record, we find that the Ld. CIT(A) stated in his order that assessee failed to provide supporting documents to substantiate its claim for bad debts amounting to Rs.26,09,777/-. However, the assessee asserts that it submitted relevant supporting documents to the Ld. CIT(A) on26.11.2023 which were not taken into consideration by the Ld. CIT(A) when adjudicating the matter given, we find conflicting statement. We, therefore, find it appropriate to remand the instant issue to the file of Ld. AO for fresh examination to ensure that assessee’s submission and evidence regarding bad debts are duly evaluated. In view of the above, we do hereby remand the issue to the in respect of disallowance of Rs.26,09,777/- back to the file of the Ld. AO with a direction to reexamine the issue afresh after affording reasonable opportunity of being heard to the assessee by considering of relevant documents and evidence that assessee to submit in support of its claim. Assessee is also directed to comply with the notice before the Ld. AO without any fail. In terms of the above, the appeal of the assessee is allowed for statistical purposes.
In the result, the appeal of the assessee allowed for statistical purposes.
More judgments on Section 36(1)(vii)
- Bank of India, Mumbai vs Deputy Commissioner of Income Tax, MumbaiITA 2810/MUM/2026[2021-22]Status: Disposed23 Sept 2026AY 2021-22
- ITO-41.3.4, Mumbai vs Urmila Syntex, MumbaiITA 2458/MUM/2026[2013]Status: Disposed10 Sept 2026
- Dar Housing Limited, Nct of Delhi vs DCIT Central Circle- 15, DelhiITA 1881/DEL/2026[2018-19]Status: Disposed10 Sept 2026AY 2018-19
- Dy. Commissioner of Income Tax… vs Small Industries Development Bank of India…ITA 870/MUM/2026[2012-13]Status: Disposed7 Sept 2026AY 2012-13
- Small Industries Development Bank of India… vs Deputy Commissioner of Income Tax, Central…ITA 9170/MUM/2025[2012-13]Status: Disposed7 Sept 2026AY 2012-13
Recent GST High Court judgments
Search GST case law →- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Shadab Malik vs. State Of U.P. And 2 OthersAllahabad · 26 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026