Judicial Pronouncements: 1. CIT v. Coates of India Ltd., (Cal.)

232 ITR 324High Court1998#12489 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Sections most often in play

Section 14ASection 244ASection 36(1)(vii)Section 36(1)(viia)Section 40(a)(ia)Section 43BSection 80-IA

Judgments citing Judicial Pronouncements: 1. CIT v. Coates of India Ltd., (Cal.)

ASST CIT 2(2)(1), MUMBAI vs. STATE BANK OF INDIA, MUMBAI

In the result appeal filed by the assessee as well as revenue stands partly allowed for statistical purposes

ITA 3882/MUM/2017[2010-11]Status: DisposedITAT Mumbai21 Apr 2026AY 2010-11

Bench: Smt. Beena Pillai () & Shri Jagadish ()

Section 14ASection 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 43B

…d . v. Commissioner of Income-tax [1998], 233 ITR 203 (SC)). The Hon’ble Supreme Court observed that whether a debt has become bad or the point of time when it became bad are pure questions of fact. In Commissioner of Income-tax v. Coates of India Ltd. [1998] 232 ITR 324 (Cal), it was held that the word “bad” used in conjunction with the word debt means worthless. The assessee is required to show that he Here is the continuous verbatim extraction (without page numbers): ⸻ has taken an honest judgment that the said debt has become bad debt. The possible difficulty in realization faced by the assessee is not a grou…

STATE BANK OF INDIA,MUMBAI vs. ASST CIT CIR 2(2), MUMBAI

In the result appeal filed by the assessee as well as revenue stands partly allowed for statistical purposes

ITA 3680/MUM/2017[2010-11]Status: DisposedITAT Mumbai21 Apr 2026AY 2010-11

Bench: Smt. Beena Pillai () & Shri Jagadish ()

Section 14ASection 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 43B

…d . v. Commissioner of Income-tax [1998], 233 ITR 203 (SC)). The Hon’ble Supreme Court observed that whether a debt has become bad or the point of time when it became bad are pure questions of fact. In Commissioner of Income-tax v. Coates of India Ltd. [1998] 232 ITR 324 (Cal), it was held that the word “bad” used in conjunction with the word debt means worthless. The assessee is required to show that he Here is the continuous verbatim extraction (without page numbers): ⸻ has taken an honest judgment that the said debt has become bad debt. The possible difficulty in realization faced by the assessee is not a grou…

AJITSINH TAKHATSINH BARAIYA,AHMEDABAD vs. THE ITO, WARD-3(2)(1), AHMEDABAD

In the result, appeal of the assessee is allowed for statistical purposes

ITA 1213/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad13 Aug 2025AY 2018-19
For Appellant: \nShri Jignesh Parikh, ARFor Respondent: Shri Prateek Sharma, Sr. DR
Section 28Section 36

…The Assessing Officer observed that the assessee had neither included\nthis amount in his turnover nor shown it as receivable at any point, thereby\nfailing to establish it as a proper debt. The AO relied on the decision of CIT\nv. Coates of India Ltd. (1998) 232 ITR 324 (Cal HC), which held that a\n\"bad debt\" implies a “worthless" debt and mere unilateral write-off or an\nentry in the debtor's books does not qualify as a bad debt in the hands of the\ncreditor. Furthermore, the AO held that the assessee had not established that\nthe debtor (Harsha Engineers Ltd.) was in a financially precarious position or\ntha…

M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the ground of appeal is partly allowed for statistical purposes

ITA 888/JPR/2019[2014-15]Status: DisposedITAT Jaipur20 Jan 2021AY 2014-15
For Appellant: Shri Manish Agrarwal (C.A.)For Respondent: Shri B.K. Gupta (CIT) a
Section 143(3)Section 36(1)(vii)Section 37(1)

…ch was not discharged by the assessee as it failed to produce the list of parties from whom accrued interest has been shown as bad debt. In this regard reliance is also placed on the following Judicial Pronouncements: 1. CIT Vs. Coates of India Ltd., (Cal.) 232 ITR 324 2. Industrial Cables (I) Ltd., Vs. ACIT (ITAT, Chd) 97 ITD 267 3. Indian Express (Madurai) (P) Ltd., Vs. DCIT (ITAT,Mad) 68 ITD 374 4. Rallis India Ltd., Vs. CIT (Cal) 246 ITR 170 5. City Financial Retail Services India Ltd., Vs. ACIT 2008- TIOL-05-ITAT-MAD In view of the above discussion, the amount of Rs.11,59,34,654/ -shown under the Head…

M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the ground of appeal is partly allowed for statistical purposes

ITA 887/JPR/2019[2013-14]Status: DisposedITAT Jaipur20 Jan 2021AY 2013-14
For Appellant: Shri Manish Agrarwal (C.A.)For Respondent: Shri B.K. Gupta (CIT) a
Section 143(3)Section 36(1)(vii)Section 37(1)

…ch was not discharged by the assessee as it failed to produce the list of parties from whom accrued interest has been shown as bad debt. In this regard reliance is also placed on the following Judicial Pronouncements: 1. CIT Vs. Coates of India Ltd., (Cal.) 232 ITR 324 2. Industrial Cables (I) Ltd., Vs. ACIT (ITAT, Chd) 97 ITD 267 3. Indian Express (Madurai) (P) Ltd., Vs. DCIT (ITAT,Mad) 68 ITD 374 4. Rallis India Ltd., Vs. CIT (Cal) 246 ITR 170 5. City Financial Retail Services India Ltd., Vs. ACIT 2008- TIOL-05-ITAT-MAD In view of the above discussion, the amount of Rs.11,59,34,654/ -shown under the Head…

M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the ground of appeal is partly allowed for statistical purposes

ITA 886/JPR/2019[2012-13]Status: DisposedITAT Jaipur20 Jan 2021AY 2012-13
For Appellant: Shri Manish Agrarwal (C.A.)For Respondent: Shri B.K. Gupta (CIT) a
Section 143(3)Section 36(1)(vii)Section 37(1)

…ch was not discharged by the assessee as it failed to produce the list of parties from whom accrued interest has been shown as bad debt. In this regard reliance is also placed on the following Judicial Pronouncements: 1. CIT Vs. Coates of India Ltd., (Cal.) 232 ITR 324 2. Industrial Cables (I) Ltd., Vs. ACIT (ITAT, Chd) 97 ITD 267 3. Indian Express (Madurai) (P) Ltd., Vs. DCIT (ITAT,Mad) 68 ITD 374 4. Rallis India Ltd., Vs. CIT (Cal) 246 ITR 170 5. City Financial Retail Services India Ltd., Vs. ACIT 2008- TIOL-05-ITAT-MAD In view of the above discussion, the amount of Rs.11,59,34,654/ -shown under the Head…

ITO, NEW DELHI vs. M/S. MODI APOLLO INTERNATIONAL GROUP PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue for A

ITA 223/DEL/2011[2007-08]Status: DisposedITAT Delhi30 Nov 2016AY 2007-08

Bench: : Shri L.P. Sahu & Smt. Beena Pillai

For Appellant: Sh. Ajay Vohra, Sr. Advocate &For Respondent: Shri Rajesh Kumar, Sr. DR
Section 143(1)Section 195Section 35ASection 40

…s written off in the books of accounts. Reliance is placed on the following decisions:- • TRF Ltd. v. CIT: 323 ITR 397 (SC) • CIT vs Auto Pins India Ltd.: 208 Taxman 5 (Delhi) • CIT v. Autometers Limited: 292 ITR 345 (Del) • CIT vs. Coates of India Limited: 232 ITR 324 (Cal) • CIT vs. Brilliant Tutorials (P) Ltd: 292 ITR 399 (Mad) • Nandlal Vithaldas v. CIT: 180 ITR 609 (Bom) • CIT v. Star Chemicals (Bombay) P. Ltd.: 220 CTR 319 • DIT v. Oman International Bank SAOG: 313 ITR 128 (Bom) Reliance is placed on the recent Circular No. 12/2016 issued by CBDT clarified that it is sufficient for the assessee to write…

SUMMIT INVESTMENTS LTD.,KOLKATA vs. JCIT, SPL. RG-16, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 338/KOL/1999[1995-1996]Status: DisposedITAT Kolkata28 Oct 2015AY 1995-1996

Bench: : Shri S.S. Viswanethra Ravi

For Appellant: Shri J.P Khaitan, Sr. Advocate, ld.ARFor Respondent: Shri Sanjay Mukherjee,JCIT, ld.DR
Section 10(1)Section 143(3)Section 36Section 36(1)(vii)Section 36(2)

…ng has been given that the assessee had indeed advanced monies to the broker under portfolio management scheme. 5.5. We also find that the decision of Hon’ble Calcutta High Court relied by the Learned AR in the case of CIT vs Coates of India Ltd reported in 232 ITR 324 (Cal) fully supports the view of the assessee. The relevant extract is reproduced herein below:- Held, that what had been taken into consideration by the Commissioner of Income-tax (Appeals) and the Tribunal was the ability or feasibility of the recovery of the debt from the angle of the assessee and not of the debtor and in those circumstances b…

Judicial Pronouncements: 1. CIT v. Coates of India Ltd., (Cal.) (232 ITR 324) — Cited in 8 Judgments | BharatTax