TRF Ltd. v. CIT

323 ITR 397Supreme Court of India2010#71 most cited

What is TRF Ltd. v. CIT authority for?

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

714

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2010 to 2026.

Also referred to as

TRF Ltd. v. CIT · section 36(1)(vii) · bad debts · deduction · irrecoverable · written off · assessee's accounts · income tax act

Also reported as

190 Taxmann 391230 CTR 14190 Taxmann.com 391

Issues it is cited on

Judgments citing TRF Ltd. v. CIT

Harmuny Entertainment Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 9(1), Kolkata

In the result, appeal of the assessee is partly allowed

ITA 161/KOL/2023[2012-2013]Status: DisposedITAT Kolkata07 Jul 2023AY 2012-2013

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 161/Kol/2023 Assessment Year: 2012-13 Harmuny Entertainment Pvt. Ltd. Dcit, Circle-9(1), Kolkata 32A/28, Suren Sarkar Road Vs Kolkata - 700010 [Pan : Aacch5841H] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwary, A/R Revenue By : Shri G. Hukugha Sema, Cit सुनवाई क" तारीख/Date Of Hearing : 13/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 07/07/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is An Appeal Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The “Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 31/01/2023 For The Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1.) That On The Facts & In The Circumstances Of The Case, Order U/S 250 Of The Act Dated 31.01.2023 Passed By Ld. Cit (A), Nfac Is Arbitrary, Unjustified & Bad In Law. 2.) That On The Facts & In The Circumstances Of The Case, Ld. Cit(A), Nfac Erred In Confirming The Addition Made By Ao Amounting To Rs. 6,85,53,691/- Towards Provision For Bad & Doubtful Debts Under Provisions Of Income Tax Act, 1961 Without Considering The Fact That The Same Was Actually Written Off From The Accounts Of The Appellant In Previous Year. 3.) That On The Facts & In The Circumstances Of The Case, Ld. Cit(A), Nfac Erred In Confirming The Addition Of Rs. 3,12,27,393/- U/S 41(1) Read With Section 28(Iv) Of The Income Tax Act, 1961 On The Presumption That Liability

For Appellant: Shri Manish Tiwary, A/RFor Respondent: Shri G. Hukugha Sema, CIT
Section 143(1)Section 148Section 234BSection 234DSection 250Section 28Section 32Section 41(1)

…upport of this contention, reliance was placed on the decision of the Special Bench in the case of DCIT vs. ShriShreyas S. Morakhia 40 SOT 432 (TBom) (Special Bench) and the judgement of the Hon’ble Supreme Court in the case of TRF Limited vs. CIT reported in 323 ITR 397. 5.1. It was also submitted that the nomenclature is of no consequence, rather the substance of the matter should be looked into while deciding the allowability of expenditure and, therefore just for the reason that in place of bad debts, mentioning the said amount under the head “provision for bad and doubtful debts” should not have been taken a…

Jubilant Pharmova Limited (Erstwhile Jubilant Life Sciences Limited), Gajraula vs. Pr. CIT Bareilly, Uttar Pradesh

In the result, appeal of the assessee is dismissed

ITA 1071/DEL/2022[2016-17]Status: DisposedITAT Delhi11 May 2023AY 2016-17

Bench: Sh. Anil Chaturvedi & Sh. N.K Choudhryjubilant Pharmova Limited Vs. The Pr. Cit, (Erstwhile Jubilant Life Bareilly, Sciences Limited) Uttar Pradesh 244 001 Bhartiagram, Gajraula Jyotiba Phoolay Nagar, Amroha, Up – 244 223 Pan No. Aabcv 0200 H (Appellant) (Respondent) Assessee By Shri K.M Gupta, Adv. Ms. Shruti Khimta, Ar Revenue By Mohd. Gayasuddin Ansari, Cit-D.R. Date Of Hearing: 06.03.2023 Date Of Pronouncement: 11.05.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.03.2022 Of The Pr. Commissioner Of Income Tax (Appeals)-Bareilly Relating To Assessment Year 2016-17. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :- Jubilant Pharmova Limited Vs. Pcit 2 3. The Assessee Is A Company Stated To Be Engaged In The Business Of Manufacturing & Sale Of Chemicals, Chemical Intermediates, Active Pharmaceutical Ingredients & Generation Of Power. The Assessee Filed Its Return Of Income For A.Y 2016-17 On 28.11.2016 Declaring Total Of Income At Rs. 54,63,38,840/-. The Case Of The Assessee Was Selected For Scrutiny & Thereafter Assessment Was Framed U/S. 143(3) R.W.S. 144C(3) Vide Order Dated 17.02.2020 & The Total Income Was Determined At Rs. 95,52,38,865/-.

Section 143Section 143(3)Section 263

…ng bad debts written off during the year was duly claimed by the Appellant in its return of income for the assessment year 2016-17 in accordance with the provisions of the Act and the decision of the Hon'ble Supreme Court in the case of TRF Ltd. v. CIT (2010) 323 ITR 397 as well as Hon'ble CBDT Circular no. 12/2016 dated May 30, 2016. 5.3 Without prejudice to the above grounds, that, Ld. PCIT failed to appreciate that amount of INR 15,26,05,340 (part of net expense of INR 12,72,99,842 debited to Profit and Loss Account) representing write-off of interest receivable during the year was duly claimed by the Appellan…