ACIT 2(2)(1) Mumbai, Aayakar Bhavan Mumbai vs. National Peroxide Limited, Mumbai
In the result, the appeal of the revenue bearing ITA No 2816/Mum/2023 is partly allowed
ITA 2816/MUM/2023[2018-19]Status: DisposedITAT Mumbai04 Aug 2025AY 2018-19
Bench: Shri Narendra Kumar Billaiya, Account Member & Shri Anikesh Banerjeeacit 2(2)(1) Mumbai Vs National Peroxide Limited 4Th Floor, Naville House, J N Heredia Aayakar Bhavan M.K. Road, Mumbai-400 020 Marg, Ballard Estate, Mumbai-400 001 Pan: Aabcn7072K
For Appellant: Shri Yogesh TharFor Respondent: Shri Satyaprakash R Singh, CIT DR
Section 115Section 143Section 143(1)(a)Section 143(3)Section 14ASection 250Section 43B
…loss sustained by the appellant as a result of misappropriation by Chandratan is one which is incidental to the profits under section 10(1) of the Act.". 2. The Madras High Court in the case of PCIT v/s Sarvana Selvarathanam Trading & Manufacturing (P) Ltd. (415 ITR 146) 2019, Honourable Madras High Court was examining the allowability of the loss arising on the embezzlement of cash as Bad Debt. The Court in this case observed that: "The embezzlement by one of the Directors or an employee of the business of the Assessee Company during the ordinary course of business can be a business loss of the Assessee irres…