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 366,470 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

Sections most often in play

Section 143(3)Section 36(1)(vii)Section 147Section 14ASection 36(2)Section 148Section 40(a)(ia)Section 132

Issues it is cited on

section 36(2)section 36(1)(vii)business expediencysection 36(1)section 36commercial expediencyrevenue expendituredisallowance under section 14acapital expendituresection 28section 115jsection 14a

Judgments citing TRF Ltd. v. CIT

Sahara India Commercial Corp. Ltd., Kolkata vs. ACIT, CC- 1, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 1893/DEL/2018[2015-16]Status: DisposedITAT Delhi23 Dec 2025AY 2015-16

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

ACIT, CC- 1, New Delhi vs. Sahara India Commercial Corp. Ltd., Kolkata

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5534/DEL/2017[2014-15]Status: DisposedITAT Delhi23 Dec 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

ACIT, CC- 1, New Delhi vs. Sahara India Commercial Corp. Ltd., Kolkata

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5505/DEL/2017[2013-2014]Status: DisposedITAT Delhi23 Dec 2025AY 2013-2014

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

ACIT, CC- 1, New Delhi vs. Sahara India Commercial Corp. Ltd., Kolkata

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5504/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

ACIT, Central Circle-1, New Delhi vs. Sahara India Commercial Corp. Ltd, Lucknow

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4855/DEL/2017[2010-11]Status: DisposedITAT Delhi23 Dec 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Sahara India Commercial Corp. Ltd., Kolkata vs. ACIT, CC- 1, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4731/DEL/2017[2014-15]Status: DisposedITAT Delhi23 Dec 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Sahara India Commercial Corp. Ltd., Kolkata vs. ACIT, CC- 1, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4730/DEL/2017[2013-14]Status: DisposedITAT Delhi23 Dec 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Sahara India Commercial Corp. Ltd., Kolkata vs. ACIT, CC- 1, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4729/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Sahara India Commercial Corp. Ltd., Kolkata vs. ACIT, CC- 1, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4728/DEL/2017[2010-11]Status: DisposedITAT Delhi23 Dec 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Sahara India Commercial Corpn. Ltd., Kolkata vs. ACIT, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 2795/DEL/2017[2011-12]Status: DisposedITAT Delhi23 Dec 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

DCIT, New Delhi vs. M/S. Sahara India Commercial Corporation Ltd., Kolkata

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 2620/DEL/2013[2009-10]Status: DisposedITAT Delhi23 Dec 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Sahara India, Kolkata vs. DCIT, New Delhi

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 1977/DEL/2013[2009-10]Status: DisposedITAT Delhi23 Dec 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…at the amounts written off had become unrecoverable. It is no more res integra that after amendment to section 36(1)(vii) of the Act, the assessee need not substantiate that the amounts are irrecoverable. The Hon’ble Apex Court in the case of TRF Ltd. vs CIT, 323 ITR 397 has held that it is sufficient that the assessee has written off the amounts in its books. Thus, in the light of settled legal position, we find no reason to interfere with the findings of the CIT(A) in deleting the disallowance. Hence, ground no. 5 of the Revenue’s appeal is dismissed. Deleting of Disallowance on Account of Proportionate Distri…

Dy. Commissioner of Income Tax, Circle-16(1), C.R Building, ITO New Delhi vs. M M Healthcare Ltd., Pushpanjali, East Delhi, Anand Vihar, Delhi

ITA 3522/DEL/2025[2022-23]Status: DisposedITAT Delhi17 Dec 2025AY 2022-23

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2022-23 Dy. Commissioner Of Vs. M/S. M. M. Healthcare Ltd., Income Tax, Circle-16(1), Pushpanjali, East Delhi, New Delhi Anand Vihar, New Delhi Pan: Aaacm1799D (Appellant) (Respondent) With C.O. No.238/Del/2025 [Arising Out Of Ita No.3522/Del/2025] Assessment Year: 2022-23 M/S. M. M. Healthcare Ltd., Vs. Dy. Commissioner Of Income Pushpanjali, East Delhi, Tax, Circle-16(1), Anand Vihar, New Delhi New Delhi Pan: Aaacm1799D (Appellant) (Respondent) Assessee By Sh. Ruchesh Sinha, Adv. Ms. Monalisa Maity, Adv. Department By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 03.12.2025 Date Of Pronouncement 17.12.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.3522/Del/2025 Along With The Assessee’S Cross Objection C.O. No.238/Del/2025 For Assessment

Section 143(1)Section 2Section 36Section 36(1)(vii)

…or production of generic medicine in joint venture. The appellant has furnished detailed and elaborate submission and claimed that the bad debts of Rs.73000000/- are allowable particularly in view of decision in case of T.R.F. Ltd. v. CIT [2010] 90 Taxman 391/323 ITR 397/230 CTR 14. As the project was not materialized, the amount became bad debts. This amount is written off in the books of accounts. It is seen that this amount advanced is in nature of capital advance. The bad debts are allowed as an expenditure u/s 36(1)(vii) of IT Act, which is subject to provisions of sub section 2 of section 36 of IT Act. Ther…

Asst. Commissioner of Income Tax Central Circle 2(3) Mumbai, Mumbai vs. Indusind Media and Communication Ltd, Mumbai

ITA 3945/MUM/2025[2020-21]Status: DisposedITAT Mumbai16 Dec 2025AY 2020-21

Bench: Ms. Suchitra Raghunath Kamble & Shri Girish Agrawal

Section 143(3)Section 195Section 36(1)(vii)Section 36(2)Section 40Section 9(1)(vi)

…in the books, it is prima facie evidence of its irrecoverability unless Assessing Officer demonstrates, with valid reasons, that the write-off is not bona fide. Assessee placed reliance on the decision of Hon'ble Supreme Court in T.R.F. Limited v. CIT [2010] 323 ITR 397 (SC) which had categorically held that an assessee is not required to establish that the debt has become irrecoverable; the mere act of writing off the debt in the books is sufficient to claim a deduction. This position was reiterated by the Hon'ble jurisdictional High Court Bombay in CIT v. Star Chemicals (Bombay) P. Ltd. [2009] 313 ITR 126 (Bom…

Elcome Technologies Private Limited, Mumbai vs. Dy. Commissioner of Income Tax, Mumbai

Appeal of the assessee is partly allowed

ITA 6188/MUM/2025[2018-19]Status: DisposedITAT Mumbai09 Dec 2025AY 2018-19

Bench: Shri Saktijit Dey, Vp & Ms Padmavathy S, Am

For Respondent: Shri Himanshu Joshi, Sr.-DR
Section 250Section 250(4)Section 37Section 41(1)

…ebtors in the books of account and that such action of write off of debts and the claim thereupon is legally tenable in law. 8. The AO erred in not allowing the claim for bad debts, even though the Hon'ble Supreme Court in the case of TRF Ltd. vs. CIT (2010) 323 ITR 397 (SC) have settled the position that once the bad debts are written off in the books of account as irrecoverable, there is no requirement to justify the write off based on the facts of the case. 9. The AO and CIT(A) erred in stepping into the shoes of the business decision of the Appellant and dictating when the bad debt should be written off and…

Brahmani Developers Pvt Ltd, Rourkela vs. ACIT, Circle Rourkela, Rourkela

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

ITA 330/CTK/2024[2018-19]Status: DisposedITAT Cuttack04 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.330/Ctk/2024 ("नधा"रण वष" / Assessment Year : 2018-19) Brahmani Developers Pvt Ltd., K4- Vs Acit, Rourkela Circle, Rourkela 9, Civil Township, Rourkela769004 Pan No. : Aadcb 2197 H (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri P.R.Mohanty, Adv राज"व क" ओर से /Revenue By : Shri Vijaya Singh, Ld Sr Dr सुनवाई क" तार"ख / Date Of Hearing : 4 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 4 /12/2025 आदेश / O R D E R Per Bench :

For Appellant: Shri P.R.Mohanty, AdvFor Respondent: Shri Vijaya Singh, ld Sr DR

…d CIT(A) in respect of transaction of the assessee with B.S. Ltd. It was the prayer that as the amount of bad debt also shown in the profit and loss account of the assessee, in view of the decision of the Hon’ble Supreme Court in the case of TRF vs CIT (2010) 323 ITR 397 (SC) , wherein, it has been categorically held that after 1.4.1989, it is not necessary for the assessee to establish that the debt, in fact, has become irrecoverable. It is enough if the bad debt is written off as irrecoverable in the accounts of the assessee. He 3 आयकर अपील सं/ITA No.330/CTK/2024 ("नधा"रण वष" / Assessment Year : 2018-19) sub…

Gbt India Private Limited, New Delhi vs. ACIT, OSD, Delhi

In the result, the assessee’s appeal is allowed as above

ITA 1764/DEL/2022[2018-19]Status: DisposedITAT Delhi26 Nov 2025AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

Section 143(3)Section 234ASection 36(1)(vii)Section 36(2)

…added back to the computation and offered to tax in earlier years. Hence, appellant assessee had claimed the bad debts actually written of in its books of account. Reliance was placed on the decision of Hon'ble Supreme Court in the case of T.R.F. Ltd. [2010] 323 ITR 397. He also placed emphasis on CBDT circular 12/2016 dated 30.05.2016. 50. The Ld. CIT-DR defended the order of the Authority below and drew our attention to the decision in the case of Khyati Realtors Pvt. Ltd. [2022] 141 taxmann.com 461 (SC) and Embassy Classic Pvt. Ltd. [2011] 7 ITR(T) 287 (Bangalore). 51. In rebuttal, the Ld. Counsel submitted…

DCIT 2(3)(2), Mumbai vs. Icici Bank Ltd, Mumbai

In the result, ground no. 3 of appeal of

ITA 1550/MUM/2016[2009-10]Status: DisposedITAT Mumbai21 Nov 2025AY 2009-10

Bench: Shri Pawan Singh & Shri Girish Agrawal(Physical Hearing) Icici Bank Limited, Dcit, 2(3)(2), Mumbai, Icici Bank Towers, North East Wing, Vs Aayakarbhavan, 1St Floor, Bandrakurla Complex, Mumbai – 400020. Bandra (East), Mumbai – 400051. [Pan No. Aaaci1195H] Appellant / Assessee Respondent / Revenue (Physical Hearing) Dcit, 2(3)(2), Mumbai, Icici Bank Limited Aayakar Bhavan, Vs Icici Bank Towers, North East Wing, 1St Floor, Bandrakurla Complex, Mumbai – 400020. Bandra (East), Mumbai – 400051. [Pan No. Aaaci1195H] Appellant / Assessee Respondent / Revenue

Section 10(15)Section 14ASection 254(1)Section 92CSection 92C(3)(c)

…1)(vii) that the assessee failed to prove that the debts have become bad. On appeal before ld CIT(A) entire claim of the assessee was allowed. The ld CIT(A) while allowing relief to the assessee followed the decision of Hon’ble Supreme Court in TRF Limited (230 CTR 14) and Vijaya bank (323 ITR 166-SC) and held that after 01.04.1989, if the debts have been written off as irrecoverable in the accounts of the assessee it will suffice for claiming bed debts. Thus, the revenue has challenged the action of ld CIT(A) before Tribunal. 29. The ld CIT -DR for the revenue submits that fulfilment of requisite conditions…

Icici Bank Ltd, Mumbai vs. DCIT 2(3)(2), Mumbai

In the result, ground no. 3 of appeal of

ITA 4418/MUM/2015[2009-10]Status: DisposedITAT Mumbai21 Nov 2025AY 2009-10

Bench: Shri Pawan Singh & Shri Girish Agrawal(Physical Hearing) Icici Bank Limited, Dcit, 2(3)(2), Mumbai, Icici Bank Towers, North East Wing, Vs Aayakarbhavan, 1St Floor, Bandrakurla Complex, Mumbai – 400020. Bandra (East), Mumbai – 400051. [Pan No. Aaaci1195H] Appellant / Assessee Respondent / Revenue (Physical Hearing) Dcit, 2(3)(2), Mumbai, Icici Bank Limited Aayakar Bhavan, Vs Icici Bank Towers, North East Wing, 1St Floor, Bandrakurla Complex, Mumbai – 400020. Bandra (East), Mumbai – 400051. [Pan No. Aaaci1195H] Appellant / Assessee Respondent / Revenue

Section 10(15)Section 14ASection 254(1)Section 92CSection 92C(3)(c)

…1)(vii) that the assessee failed to prove that the debts have become bad. On appeal before ld CIT(A) entire claim of the assessee was allowed. The ld CIT(A) while allowing relief to the assessee followed the decision of Hon’ble Supreme Court in TRF Limited (230 CTR 14) and Vijaya bank (323 ITR 166-SC) and held that after 01.04.1989, if the debts have been written off as irrecoverable in the accounts of the assessee it will suffice for claiming bed debts. Thus, the revenue has challenged the action of ld CIT(A) before Tribunal. 29. The ld CIT -DR for the revenue submits that fulfilment of requisite conditions…

Ravi Yantriki Udyog Private Limited, Pune vs. ITO Ward (5)(4), Pune

In the result, the appeal of the assessee is allowed

ITA 1588/PUN/2025[2015-16]Status: DisposedITAT Pune29 Oct 2025AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Department byFor Respondent: Date of hearing
Section 133(6)Section 143(2)Section 194C

…Dissatisfied, the assessee is in appeal before the Tribunal and all the grounds of appeal relate thereto. 6. The Ld. AR, at the outset, submitted that the impugned issue is covered by the decision of the Hon'ble Supreme Court in the case of TRF Ltd. Vs. CIT, 323 ITR 397 (SC) and the Co-ordinate Bench of the Pune Tribunal in the case of Trident Services Pvt. Ltd., ITA No. 1275 & 1380/PUN/2009 (Pune-Trib.) and in the case of Xebec Communication Pvt. Ltd. Vs. JCIT, ITA No. 152/PUN/2015 (Pune-Trib.) as well as Jurisdictional Bombay High Court in the case of Star Chemicals Pvt. Ltd., 11 DTR 311 (Bom.) and in the case…