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

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

DCIT, Cir-3(1), Kolkata vs. M/S Saregama India Ltd, Kolkata

ITA 470/KOL/2017[2003-04]Status: DisposedITAT Kolkata29 Jan 2020AY 2003-04

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)

…आयकर अपील"य अधीकरण, "यायपीठ – “ए” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A” KOLKATA Before Shri S.S.Godara, Judicial Member and Dr. A.L. Saini, Accountant Member ITA No.309, 310 & 312/Kol/2017 Assessment Years :2003-04, 2004-05 & 2010-11 M/s Saregama India Ltd., V/s. DCIT, Circle-3(1), Aaykar Bhawvan, 7th 33, Jessore Road, Dum Dum, Kolkata-028 Floor, Kolkata-700 [PAN No. AAACT 9815 B] 069 .. अपीलाथ" /Appellant ""यथ"/Respondent ITA No.470-473/Kol/2017 Assessment Years : 2003-04 to 2006-07 DCIT, Circle-3(1), V/s. M/s Saregama India Ltd., Aaykar Bhawvan, 4th 33, Jessore Road, Dum Floor, Room…

M/S Saregama India Limited, Kolkata vs. DCIT, Cir.-3(1), Kolkata

ITA 312/KOL/2017[2010-11]Status: DisposedITAT Kolkata29 Jan 2020AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)

…आयकर अपील"य अधीकरण, "यायपीठ – “ए” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A” KOLKATA Before Shri S.S.Godara, Judicial Member and Dr. A.L. Saini, Accountant Member ITA No.309, 310 & 312/Kol/2017 Assessment Years :2003-04, 2004-05 & 2010-11 M/s Saregama India Ltd., V/s. DCIT, Circle-3(1), Aaykar Bhawvan, 7th 33, Jessore Road, Dum Dum, Kolkata-028 Floor, Kolkata-700 [PAN No. AAACT 9815 B] 069 .. अपीलाथ" /Appellant ""यथ"/Respondent ITA No.470-473/Kol/2017 Assessment Years : 2003-04 to 2006-07 DCIT, Circle-3(1), V/s. M/s Saregama India Ltd., Aaykar Bhawvan, 4th 33, Jessore Road, Dum Floor, Room…

M/S Saregama India Limited, Kolkata vs. DCIT, Cir.-3(1), Kolkata

ITA 310/KOL/2017[2004-05]Status: DisposedITAT Kolkata29 Jan 2020AY 2004-05

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)

…आयकर अपील"य अधीकरण, "यायपीठ – “ए” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A” KOLKATA Before Shri S.S.Godara, Judicial Member and Dr. A.L. Saini, Accountant Member ITA No.309, 310 & 312/Kol/2017 Assessment Years :2003-04, 2004-05 & 2010-11 M/s Saregama India Ltd., V/s. DCIT, Circle-3(1), Aaykar Bhawvan, 7th 33, Jessore Road, Dum Dum, Kolkata-028 Floor, Kolkata-700 [PAN No. AAACT 9815 B] 069 .. अपीलाथ" /Appellant ""यथ"/Respondent ITA No.470-473/Kol/2017 Assessment Years : 2003-04 to 2006-07 DCIT, Circle-3(1), V/s. M/s Saregama India Ltd., Aaykar Bhawvan, 4th 33, Jessore Road, Dum Floor, Room…

M/S Saregama India Limited, Kolkata vs. DCIT, Cir.-3(1), Kolkata

ITA 309/KOL/2017[2003-04]Status: DisposedITAT Kolkata29 Jan 2020AY 2003-04

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)

…आयकर अपील"य अधीकरण, "यायपीठ – “ए” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A” KOLKATA Before Shri S.S.Godara, Judicial Member and Dr. A.L. Saini, Accountant Member ITA No.309, 310 & 312/Kol/2017 Assessment Years :2003-04, 2004-05 & 2010-11 M/s Saregama India Ltd., V/s. DCIT, Circle-3(1), Aaykar Bhawvan, 7th 33, Jessore Road, Dum Dum, Kolkata-028 Floor, Kolkata-700 [PAN No. AAACT 9815 B] 069 .. अपीलाथ" /Appellant ""यथ"/Respondent ITA No.470-473/Kol/2017 Assessment Years : 2003-04 to 2006-07 DCIT, Circle-3(1), V/s. M/s Saregama India Ltd., Aaykar Bhawvan, 4th 33, Jessore Road, Dum Floor, Room…

Niit Technologies Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5525/DEL/2013[2008-09]Status: DisposedITAT Delhi28 Jan 2020AY 2008-09

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…not establish that the debt become bad. In view of no evidence produced, the Assessing Officer disallowed the entire claim of bad debt of Rs. 3,59,27,971/-. 6.4 The Ld. CIT(A) in view of the decision of the Hon’ble Supreme Court in the case of TRF Ltd Vs CIT 323 ITR 397 and decision of the Hon’ble Delhi High Court in the case of CIT Vs Autometers Ltd 292 ITR 345 (Delhi) held that once the debt has been written off in the books of accounts of the assessee as irrecoverable, the claim of bad debt is allowable and it is not necessary for the assessee to establish that the debt, in fact has become irrecoverable. Howe…

Niit Technologies Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5524/DEL/2013[2007-08]Status: DisposedITAT Delhi28 Jan 2020AY 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…not establish that the debt become bad. In view of no evidence produced, the Assessing Officer disallowed the entire claim of bad debt of Rs. 3,59,27,971/-. 6.4 The Ld. CIT(A) in view of the decision of the Hon’ble Supreme Court in the case of TRF Ltd Vs CIT 323 ITR 397 and decision of the Hon’ble Delhi High Court in the case of CIT Vs Autometers Ltd 292 ITR 345 (Delhi) held that once the debt has been written off in the books of accounts of the assessee as irrecoverable, the claim of bad debt is allowable and it is not necessary for the assessee to establish that the debt, in fact has become irrecoverable. Howe…

ACIT, New Delhi vs. M/S Niit Technologies Ltd., New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5492/DEL/2013[2008-09]Status: DisposedITAT Delhi28 Jan 2020AY 2008-09

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…not establish that the debt become bad. In view of no evidence produced, the Assessing Officer disallowed the entire claim of bad debt of Rs. 3,59,27,971/-. 6.4 The Ld. CIT(A) in view of the decision of the Hon’ble Supreme Court in the case of TRF Ltd Vs CIT 323 ITR 397 and decision of the Hon’ble Delhi High Court in the case of CIT Vs Autometers Ltd 292 ITR 345 (Delhi) held that once the debt has been written off in the books of accounts of the assessee as irrecoverable, the claim of bad debt is allowable and it is not necessary for the assessee to establish that the debt, in fact has become irrecoverable. Howe…

ACIT, New Delhi vs. M/S Niit Technologies Ltd., New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5491/DEL/2013[2007-08]Status: DisposedITAT Delhi28 Jan 2020AY 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…not establish that the debt become bad. In view of no evidence produced, the Assessing Officer disallowed the entire claim of bad debt of Rs. 3,59,27,971/-. 6.4 The Ld. CIT(A) in view of the decision of the Hon’ble Supreme Court in the case of TRF Ltd Vs CIT 323 ITR 397 and decision of the Hon’ble Delhi High Court in the case of CIT Vs Autometers Ltd 292 ITR 345 (Delhi) held that once the debt has been written off in the books of accounts of the assessee as irrecoverable, the claim of bad debt is allowable and it is not necessary for the assessee to establish that the debt, in fact has become irrecoverable. Howe…

ACIT, Circle - 15(1), Kolkata vs. M/S. Abci Infrastructures Pvt. Ltd., Kolkata

Appeal is dismissed

ITA 1084/KOL/2018[2012-13]Status: DisposedITAT Kolkata10 Jan 2020AY 2012-13

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2012-13

Section 143(3)

…nt for computing the taxable income. It is further argued that the debt was written off in the books of account of the assessee during the assessment year and the same is allowable. Reliance was placed on the decision of the Apex Court in the case of TRF Ltd.(323 ITR 397) for the proposition that after the amendment to Section36(1)(vii) with effect from 1st April, 1989 it is no longer necessary for the assessee to establish the debt has become irrecoverable. It was argued that the Apex Court has held that if the debt is written off as irrecoverable in the accounts of the assessee the same is allowable. In view of…

Remi Securities Limited, Mumbai vs. ACIT, Circle -13(3)(1), Mumbai

The appeal of the assesee is allowed in terms of our aforesaid observations

ITA 3649/MUM/2018[2014-15]Status: DisposedITAT Mumbai10 Jan 2020AY 2014-15

Bench: Shri G. Manjunatha & Shri Ravish Soodremi Securities Limited, Plot No.11, Cama Acit, Circle 13(3)(1) Industrial Estate, Walbhat Road, Mumbai – 400020. Vs. Goregaon(E), Mumbai-400063. Pan – Aaacr0401R (Appellant) (Respondent)

For Appellant: Shri Shankarlal Jain, A.RFor Respondent: Shri H.N. Singh, C.I.T, D.R
Section 143(3)Section 36(1)(vii)Section 36(2)

…ome irrecoverable, and it was sufficient if the „bad debt‟ was „written off‟ as irrecoverable in the account of the assessee. In support of the aforesaid contention the Ld. A.R had relied on the judgment of the Hon‟ble Supreme Court in TRF Ltd. Vs. CIT (2010) 323 ITR 397 (SC). Apart from that, the Ld. A.R submitted that the issue involved in the present appeal was squarely covered by the order of a coordinate bench of the Tribunal in the case of a „sister concern‟ of the assessee company viz. assesses own case in M/s Remi Securities and Engineering Limited vs. ACIT, Circle 13(3)(1), Mumbai [ITA No. 3650/Mum/2108;…

M/S. Industrial Develop, Ment Bank of India, Mumbai vs. The Dy CIT RG 3(1), Mumbai

ITA 3371/MUM/2004[1998-1999]Status: DisposedITAT Mumbai02 Jan 2020AY 1998-1999

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Aayakr Apila Sam./ Ita No. 3371/Mum/2004 (Inaqa-Arna Baya- / Assessment Year 1998-99) Aayakr Apila Sam./ Ita No. 3372/Mum/2004 (Inaqa-Arna Baya- / Assessment Year 1999-00) Aayakr Apila Sam./ Ita No. 3373/Mum/2004 (Inaqa-Arna Baya- / Assessment Year 2000-01) Industrial Development Bank Of The Dy. Commissioner Of Income India, Taxation Cell, 3 Rd Floor, Tax, Range 3(1), 6 Th Floor, Room Vs. Idbi Tower, Wtc Complex, No. 623, Aayakar Bhavan, M.K. Cuffe Parade, Mumbai-400 005 Road, Mumbai-400 020 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थामी रेखा िं./Pan No. Aaaci1105R Aayakr Apila Sam./ Ita No. 4744/Mum/2005 (Inaqa-Arna Baya- / Assessment Year 2001-02) Aayakr Apila Sam./ Ita No. 5962/Mum/2008 (Inaqa-Arna Baya- / Assessment Year 2002-03) Aayakr Apila Sam./ Ita No. 3907/Mum/2009 (Inaqa-Arna Baya- / Assessment Year 2003-04) Aayakr Apila Sam./ Ita No. 3908/Mum/2009 (Inaqa-Arna Baya- / Assessment Year 2004-05) Aayakr Apila Sam./ Ita No. 3909/Mum/2009 (Inaqa-Arna Baya- / Assessment Year 2005-06) Aayakr Apila Sam./ Ita No. 2488/Mum/2010 (Inaqa-Arna Baya- / Assessment Year 2006-07) Aayakr Apila Sam./ Ita No. 13/Mum/2011

Section 143(3)

…BI Bank Ltd.; AYs: 98-99 to 10-11, observe that ld CIT(A) has taken a correct view in the matter and do not require any interference on our part. The case of the assessee is squarely covered by the decision of the apex court in the case of T.R.F Ltd. Vs. CIT, 323 ITR 397 (SC) and accordingly we uphold the order of CIT(A) by dismissing the ground raised by the revenue. 38. Next common ground of appeal in the appeals of assessee bearing ITA Nos. 2290 & 5500/M/2014 for AYs 2009-10 and 2010-11 is against the order of CIT(A) holding that provisions of MAT are applicable to the assessee. 39. At the outset, the ld. AR…

Khanpur Cold Storage P Ltd, Hooghly vs. A.C.I.T Cir - 24, Hooghly

Appeal is allowed

ITA 1057/KOL/2019[2013-14]Status: DisposedITAT Kolkata31 Dec 2019AY 2013-14

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1057/Kol/2019 ("नधा"रण वष" / Assessment Year: 2013-14) Khanpur Cold Storage P. Ltd. Vs. Acit, Circle-24, Hooghly. C/O. S.N. Ghosh & Associates, Advocates “Seben Brothers’ Lodge, P.O Buroshibtala, P.S. Chinsurah, Dist- Hoohgly, 712105. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabck2877P (Appellant) .. (Respondent)

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 143(3)Section 36(1)(vii)

…3. We have given our thoughtful consideration to rival contentions against and in support of the impugned bad debts disallowance. There can hardly be any I.T.A No.1057/Kol/2019 dispute that hon’ble apex court’s landmark decision in T.R.F. Ltd. vs. CIT (2010) 323 ITR 397 has settled the law that w.e.f. 01.04.1989 it is no more necessary for an assessee to establish the debt in question to have become actually non- recoverable in case the same is written off in the other party’s ledger. We notice from the paper book that the impugned claim in fact pertains to sale price of a generator set sold to M/s Amritapur Tea…

DCIT, Circle - 11(1), Kolkata vs. M/S. Hindustan Steelworks Construction Limited, Kolkata

In the result, ground no. 3 of the revenue is dismissed

ITA 388/KOL/2018[2011-12]Status: DisposedITAT Kolkata31 Dec 2019AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri S. S. Godara) I.T.A. No. 297/Kol/2018 Assessment Year: 2011-12 Hindustan Steelworks Construction Limited...............…..……………….…...……..…….............Appellant 5/1, Commissariat Road Hastings Kolkata – 700 022 [Pan : Aaach 9524 R] Vs. Income Tax Officer, Ward – 12(1), Kolkata….................................................……..…...........Respondent I.T.A. No. 388/Kol/2018 Assessment Year: 2011-12 Deputy Commissioner Of Income Tax, Central Circle – 11(1), Kolkata……..…...............Appellant Vs. Hindustan Steelworks Construction Limited...............…..……………….…...……..…….........Respondent 5/1, Commissariat Road Hastings Kolkata – 700 022 [Pan : Aaach 9524 R]

Section 115JSection 250Section 43B

…ten off on settlements. As the debt was written off and as the same was taken into account in the earlier Assessment Years, the proposition of law laid down by the Hon’ble Supreme Court in the case of TRF Ltd. vs. Commissioner of Income Tax reported in [2010] 323 ITR 397 (SC), applies and hence we dismiss this ground of the revenue. 9. In the result, appeal of the assessee is allowed and appeal by the revenue is dismissed. Kolkata, the 31st day of December, 2019. [S.S. Godara] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 31.12.2019 {SC SPS} 4 I.T.A. No. 297/Kol/2018 Assessment Year: 2011-12…

Hindustan Steelworks Construction Limited, Kolkata vs. ITO, Ward - 12(1), Kolkata

In the result, ground no. 3 of the revenue is dismissed

ITA 297/KOL/2018[2011-12]Status: DisposedITAT Kolkata31 Dec 2019AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri S. S. Godara) I.T.A. No. 297/Kol/2018 Assessment Year: 2011-12 Hindustan Steelworks Construction Limited...............…..……………….…...……..…….............Appellant 5/1, Commissariat Road Hastings Kolkata – 700 022 [Pan : Aaach 9524 R] Vs. Income Tax Officer, Ward – 12(1), Kolkata….................................................……..…...........Respondent I.T.A. No. 388/Kol/2018 Assessment Year: 2011-12 Deputy Commissioner Of Income Tax, Central Circle – 11(1), Kolkata……..…...............Appellant Vs. Hindustan Steelworks Construction Limited...............…..……………….…...……..…….........Respondent 5/1, Commissariat Road Hastings Kolkata – 700 022 [Pan : Aaach 9524 R]

Section 115JSection 250Section 43B

…ten off on settlements. As the debt was written off and as the same was taken into account in the earlier Assessment Years, the proposition of law laid down by the Hon’ble Supreme Court in the case of TRF Ltd. vs. Commissioner of Income Tax reported in [2010] 323 ITR 397 (SC), applies and hence we dismiss this ground of the revenue. 9. In the result, appeal of the assessee is allowed and appeal by the revenue is dismissed. Kolkata, the 31st day of December, 2019. [S.S. Godara] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 31.12.2019 {SC SPS} 4 I.T.A. No. 297/Kol/2018 Assessment Year: 2011-12…

Deputy Commissioner of Income-Tax, Circle - 3, Pune vs. Sopan Gahunaji Lanke, Pune

In the result, the appeal of Revenue is dismissed

ITA 1556/PUN/2017[2012-13]Status: DisposedITAT Pune19 Dec 2019AY 2012-13

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm

For Appellant: Ms. Vaishnavi BadweFor Respondent: Shri Houshang Boman Irani
Section 143(3)

…. The same does not appear to have been verified by the AO. Bad-debts loss is deductible in the year of write-off. As it is claimed in the A.Y. 2012-13, the same needs to be allowed following the decision of the Apex Court in the case of TRF Limited Vs. CIT – 323 ITR 397 (SC). AO is directed to allow the same after verifying that, related revenue was indeed offered to tax in the earlier years. Accordingly, the Ground No. 2 raised by the appellant is allowed.” Aggrieved by the order of Ld.CIT(A), Revenue is now in appeal before us. 5. Before us, Ld. D.R. took us through the observations made by the AO and suppo…

Alcatel Lucent Manged Solutions India P.Ltd, Haryana vs. DCIT Cir 9(1)(1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 5957/MUM/2016[2012-13]Status: DisposedITAT Mumbai17 Dec 2019AY 2012-13

Bench: Shri A.D. Jain & Shri Rajesh Kumarm/S. Alcatel Lucent Managed Dcit, Circle - 9(1) Solutions India Mumbai Dlf Cyber Greens, Vs. 14Th & 15Th Floor Tower C, Phase-Iii, Gurgaon Haryana 122002 Pan – Aahca1341C Appellant Respondent

For Appellant: Shri Salil Kapoor &For Respondent: Shri Awungshi Gimson
Section 143(3)Section 2Section 36(2)Section 41A(2)(b)

…learned A.R. argued that the AO has failed to bring on record any material to show that the debts, which were written off, were not genuine. The learned A.R. relied heavily on the decision of the Hon'ble Supreme Court in the case of T.R.F. Ltd. vs. CIT (2010) 323 ITR 397 wherein the Hon'ble Supreme Court has held that once the debt is written off as bad then the assessee is not required to prove that the debt has become bad during the year. The learned A.R. therefore prayed that the appeal of the assessee may kindly be allowed by setting aside the issue the learned CIT(A). 7. The learned D.R. relied heavily on th…

M/S. Triune Energy Pvt. Ltd., New Delhi vs. DCIT, New Delhi

ITA 95/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Dec 2019AY 2012-13

Bench: Shri R.K.Panda & Shri Kuldip Singh

For Appellant: Sh. Gautam Jain, Adv. Sh. Lalit Mohan, CAFor Respondent: Shri Saras Kumar, Sr.DR
Section 2(22)(e)Section 36Section 36(1)Section 36(2)

…sessee in the course of business nor disputed the explanation given by the assessee before the Ld. CIT(A), aforesaid deductions is eligible for claim during the year under assessment. 10. Hon’ble Apex Court in case cited as T.R.F. Ltd. vs. CIT reported in 323 ITR 397, set at rest the controversy at hand by laying down the following ratio :- “After 1st April, 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. However, in the present case, the Assessing Officer h…

Siemens Ltd, Mumbai vs. JCIT Sp RG 30, Mumbai

Accordingly ground raised by the assessee is allowed for statistical purposes

ITA 2018/MUM/2011[1997-98]Status: DisposedITAT Mumbai10 Dec 2019AY 1997-98

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 2018/Mum/2011 (निर्धारणवर्ा / Assessment Year: 1997-98)

For Appellant: Shri Nitesh Joshi, ARFor Respondent: Shri T. Kipgen, DR
Section 37(1)

…1989, the only requirement in the said section for claiming a deduction is that the debt should be written off in the books of account which condition is fulfilled in the assessee's case. In this regard, relied upon the following case laws:- > TRF Ltd. v. C1T 323 ITR 397 (SC) > CIT v. Samara India Pvt. Ltd. 356 ITR 12 (Del) > ITAT's decision in assessee's own case for AY 1998-99 > ITAT's decision in assessee's own case for AY 2000-01. 32. On the other hand, Ld. DR relied upon the orders passed by the lower authorities. 33. We have heard counsels for both the parties at length and we have also perused the materia…

ACIT, Gurgaon vs. M/S. Dlf Projects Ltd., Gurgaon

In the result, ITA Nos.4960/Del/2015 and 2595/Del/2016 filed by the assessee for assessment years 2010-11 and 2011-12 are allowed and ITA

ITA 5135/DEL/2015[2010-11]Status: DisposedITAT Delhi10 Dec 2019AY 2010-11

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2010-11 Assessment Year : 2011-12 Dlf Projects Ltd., Vs Addl.Cit, 3Rd Floor, Shopping Mall, Range-1, Arjun Marg, Gurgaon. Clf City Phase-1, Gurgaon. Pan: Aaccd3093R Assessment Year: 2010-11 Acit, Vs. Dlf Projects Ltd., 3Rd Floor, Shopping Mall, Circle-1(1), Gurgaon. Arjun Marg, Clf City Phase-1, Gurgaon. Pan: Aaccd3093R (Appellants) (Respondents) Assessee By : Shri R.S. Singhvi & Shri Satyajit Goel, Ca Deptt. By : Shri Saras Kumar, Sr. Dr Date Of Hearing : 28.11.2019 Date Of Pronouncement : 10.12.2019 Order Per R.K. Panda, Am:

For Appellant: Shri R.S. Singhvi &
Section 32

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Year: 2010-11 Assessment Year : 2011-12 DLF Projects Ltd., Vs Addl.CIT, 3rd Floor, Shopping Mall, Range-1, Arjun Marg, Gurgaon. CLF City Phase-1, Gurgaon. PAN: AACCD3093R Assessment Year: 2010-11 ACIT, Vs. DLF Projects Ltd., 3rd Floor, Shopping Mall, Circle-1(1), Gurgaon. Arjun Marg, CLF City Phase-1, Gurgaon. PAN: AACCD3093R (Appellants) (Respondents) Assessee By : Shri R.S. Singhvi & Shri Satyajit Goel, CA Deptt. By : Shri Saras Kumar, Sr. DR Date of Heari…

Dlf Projects Ltd., Gurgaon vs. Addl. CIT, Gurgaon

In the result, ITA Nos.4960/Del/2015 and 2595/Del/2016 filed by the assessee for assessment years 2010-11 and 2011-12 are allowed and ITA

ITA 4960/DEL/2015[2010-11]Status: DisposedITAT Delhi10 Dec 2019AY 2010-11

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2010-11 Assessment Year : 2011-12 Dlf Projects Ltd., Vs Addl.Cit, 3Rd Floor, Shopping Mall, Range-1, Arjun Marg, Gurgaon. Clf City Phase-1, Gurgaon. Pan: Aaccd3093R Assessment Year: 2010-11 Acit, Vs. Dlf Projects Ltd., 3Rd Floor, Shopping Mall, Circle-1(1), Gurgaon. Arjun Marg, Clf City Phase-1, Gurgaon. Pan: Aaccd3093R (Appellants) (Respondents) Assessee By : Shri R.S. Singhvi & Shri Satyajit Goel, Ca Deptt. By : Shri Saras Kumar, Sr. Dr Date Of Hearing : 28.11.2019 Date Of Pronouncement : 10.12.2019 Order Per R.K. Panda, Am:

For Appellant: Shri R.S. Singhvi &
Section 32

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Year: 2010-11 Assessment Year : 2011-12 DLF Projects Ltd., Vs Addl.CIT, 3rd Floor, Shopping Mall, Range-1, Arjun Marg, Gurgaon. CLF City Phase-1, Gurgaon. PAN: AACCD3093R Assessment Year: 2010-11 ACIT, Vs. DLF Projects Ltd., 3rd Floor, Shopping Mall, Circle-1(1), Gurgaon. Arjun Marg, CLF City Phase-1, Gurgaon. PAN: AACCD3093R (Appellants) (Respondents) Assessee By : Shri R.S. Singhvi & Shri Satyajit Goel, CA Deptt. By : Shri Saras Kumar, Sr. DR Date of Heari…