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

Basudeo Bajaj HUF, Mumbai vs. ITO, Ward 18(1)(2), Mumbai

Appeal is dismissed on this ground

ITA 402/MUM/2025[2014-15]Status: DisposedITAT Mumbai30 Sept 2025AY 2014-15

Bench: Shri Narender Kumar Choudhry (Jm) & Shri Omkareshwar Chidara (Am) Basudeo Bajaj Huf Ito Ward 18(1)(2) 108/116, Vithalwadi Room No. 204 2Nd Floor, Kalbadevi Road Vs. Earnest House Mumbai-400 002. Nariman Point Mumbai-400 021. Pan : Aabhb9940F Appellant Respondent

For Appellant: Shri Leyaqat Ali AafaquiFor Respondent: Shri Vimal Punmiya
Section 250Section 36Section 37

…e loans given are reflected and as the same is written off in the books of account and hence the amount not recovered should be allowed as ‘bad debt’ under section 36 of the Act. This proposition was approved by the Hon'ble Supreme Court decision of TRF Ltd. (323 ITR 397)(SC). Moreover, from the ledger account filed by Ld. AR of the appellant, it is observed that the appellant has admitted receipts of more than Rs. 50 lakhs as ‘interest’ during this year. Hence, the ‘bad debt’ claimed by appellant is hereby allowed. 7. The second issue relates to ‘interest income’ which was accrued to appellant, but the same was…

Vinay Tarachand Chawla, Mumbai vs. Principal Commissioner of Income Tax - 6, Mumbai

In the result, the appeal of the assessee is allowed

ITA 3371/MUM/2025[2020-21]Status: DisposedITAT Mumbai26 Sept 2025AY 2020-21

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

For Appellant: Mr. Ravikant PathakFor Respondent: Mr. Vivek Perampurna, CIT-DR
Section 143(3)Section 2(47)Section 263Section 36(1)(vii)

…ontinue to exist and it could revive as well and hence there was no evidence that said debt had became fully irrecoverable. In this regard we may like to refer to the decision of the Hon'ble Supreme Court in the case of T.R.F. Ltd. v. CIT [2010] 90 Taxman 391/323 ITR 397, wherein it is held that bad debts need not be proven to be irrecoverable u/s 36(1)(vii) and it is sufficient if they are written off. In the case, the assessee has discharged its burden of written off of debt in books of accounts and therefore, the finding of the Ld. CIT(A) is not in accordance with law. 5.7 In view of above discussion, the ord…

DCIT-15.1.2, Mumbai, Aayakar Bhavan vs. Ispat Infrastructure India Ltd, Mumbai

In the result, the appeal by the Revenue is allowed for statistical purposes

ITA 1502/MUM/2025[2015]Status: DisposedITAT Mumbai26 Sept 2025

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhaildeputy Commissioner Of Income Tax – 15(1)(2), Aayakar Bhawan, Churchgate, ............... Appellant Mumbai - 400020 V/S Ispat Infrastructure India Ltd., Office No.470 Central Facility Building, ……………… Respondent Phase – Ii, Sector 19 Vashi, Navi Mumbai - 400705 Pan : Aabci0639P Assessee By : Shri Hemant Vora Revenue By : Shri A.M.K. Mahadevan, Sr.Dr

For Appellant: Shri Hemant VoraFor Respondent: Shri A.M.K. Mahadevan, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 36(1)(vii)Section 36(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER Deputy Commissioner of Income Tax – 15(1)(2), Aayakar Bhawan, Churchgate, ............... Appellant Mumbai - 400020 v/s Ispat Infrastructure India Ltd., Office No.470 Central Facility Building, ……………… Respondent Phase – II, Sector 19 Vashi, Navi Mumbai - 400705 PAN : AABCI0639P Assessee by : Shri Hemant Vora Revenue by : Shri A.M.K. Mahadevan, Sr.DR Date of Hearing – 25/09/2025 Date of Order - 26/09/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The Revenu…

ACIT, Cir 8(2)(1), Mumbai vs. Western India Garments Pvt. Ltd., Mumbai

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

ITA 4211/MUM/2023[2014-15]Status: DisposedITAT Mumbai22 Sept 2025AY 2014-15

Bench: Smt. Beena Pillai & Shri Girish Agrawalassessment Year: 2014-15 Pico Capital Private Limited Deputy Commissioner Of (Successor In Interest Of M/S Income Tax-8(3)(2), Western India Garments Private Mumbai Limited ) 22(1) Bombay Cotton Miis Vs. Compound, Dattaram Lad Path Kalachowky, Mumbai - 400033 (Pan: Aaacw2493G) (Appellant) (Respondent) Assessment Year: 2014-15 Deputy Commissioner Of Income Western India Garments Tax - 8(2)(1), Private Limited Mumbai 22(1) Bombay Cotton Miis Compound, Vs. Dattaram Lad Path Kalachowky, Mumbai - 400033 (Pan: Aaacw2493G) (Appellant) (Respondent) Present For: Assessee : Shri Dharan Gandhi, Advocate Revenue : Shri Arun Kanti Datta, Cit Dr Date Of Hearing : 03.07.2025 Date Of Pronouncement : 22.09.2025 O R D E R Pico Capital Pvt Ltd. & Western India Garments Pvt Ltd. Ay 2014-15 Per Girish Agrawal: These Two Appeals Filed By Assessee & Revenue Are Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2023-24/1056675304(1), Dated 29.09.2023 Passed Against The Assessment Order By Dcit, Circle - 8(3)(2), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 13.12.2016 For Assessment Year 2014- 15. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Ld. Cit(A), Nfac Has Erred In Confirming The Disallowance Of Rs. 13,52,543/- Made U/S 14A R.W.R. 8D Of The Rules Over & Above The Disallowance Of Rs. 11,02,185/- Made By The Appellant. 2. The Assessment Order U/S 143(3) Of The Act, Dated 13.12.2016 Is Bad In Law As The Same Has Been Passed In The Name Of The Non-Existent Person. 3. The Ld. Ao, Has Erred In The Levying Interest Under Section 234B Of The Act. 4. The Ld. Ao Erred In Initiating Penalty Proceedings U/S 271(1)(C) Of The Act.

For Appellant: Shri Dharan Gandhi, AdvocateFor Respondent: Shri Arun Kanti Datta, CIT DR
Section 143(3)Section 14ASection 234BSection 271(1)(c)Section 36(1)(vii)

…bt or part thereof is written off or of an earlier previous year….” Pico Capital Pvt Ltd. and Western India Garments Pvt Ltd. AY 2014-15 In this regard, the Hon'ble Supreme Court while interpreting section 36(1)(vii) rws 36(2) has held in TRF Ltd v CIT (2010) 323 ITR 397/190 Taxman 391 (SC) as follows “Section 36(1)(v) of the Income-tax Act, 1961-Bad debts Assessment years 1990-91 1993-94 and 1994-95 - Whether after 1-4-1989. it is not necessary for assessee to establish that debt in fact, has become irrecoverable it is enough if bad debt is written off as recoverable in accounts of assessee Held, yes- Whether wh…

Pico Capital Private Limited (Successor in Interest of M/S Western India Garments Private Limited ), Mumbai vs. Deputy Commissioner of Income Tax-8(3)(2), Mumbai

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

ITA 4007/MUM/2023[2014-15]Status: DisposedITAT Mumbai22 Sept 2025AY 2014-15

Bench: Smt. Beena Pillai & Shri Girish Agrawalassessment Year: 2014-15 Pico Capital Private Limited Deputy Commissioner Of (Successor In Interest Of M/S Income Tax-8(3)(2), Western India Garments Private Mumbai Limited ) 22(1) Bombay Cotton Miis Vs. Compound, Dattaram Lad Path Kalachowky, Mumbai - 400033 (Pan: Aaacw2493G) (Appellant) (Respondent) Assessment Year: 2014-15 Deputy Commissioner Of Income Western India Garments Tax - 8(2)(1), Private Limited Mumbai 22(1) Bombay Cotton Miis Compound, Vs. Dattaram Lad Path Kalachowky, Mumbai - 400033 (Pan: Aaacw2493G) (Appellant) (Respondent) Present For: Assessee : Shri Dharan Gandhi, Advocate Revenue : Shri Arun Kanti Datta, Cit Dr Date Of Hearing : 03.07.2025 Date Of Pronouncement : 22.09.2025 O R D E R Pico Capital Pvt Ltd. & Western India Garments Pvt Ltd. Ay 2014-15 Per Girish Agrawal: These Two Appeals Filed By Assessee & Revenue Are Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2023-24/1056675304(1), Dated 29.09.2023 Passed Against The Assessment Order By Dcit, Circle - 8(3)(2), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 13.12.2016 For Assessment Year 2014- 15. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Ld. Cit(A), Nfac Has Erred In Confirming The Disallowance Of Rs. 13,52,543/- Made U/S 14A R.W.R. 8D Of The Rules Over & Above The Disallowance Of Rs. 11,02,185/- Made By The Appellant. 2. The Assessment Order U/S 143(3) Of The Act, Dated 13.12.2016 Is Bad In Law As The Same Has Been Passed In The Name Of The Non-Existent Person. 3. The Ld. Ao, Has Erred In The Levying Interest Under Section 234B Of The Act. 4. The Ld. Ao Erred In Initiating Penalty Proceedings U/S 271(1)(C) Of The Act.

For Appellant: Shri Dharan Gandhi, AdvocateFor Respondent: Shri Arun Kanti Datta, CIT DR
Section 143(3)Section 14ASection 234BSection 271(1)(c)Section 36(1)(vii)

…bt or part thereof is written off or of an earlier previous year….” Pico Capital Pvt Ltd. and Western India Garments Pvt Ltd. AY 2014-15 In this regard, the Hon'ble Supreme Court while interpreting section 36(1)(vii) rws 36(2) has held in TRF Ltd v CIT (2010) 323 ITR 397/190 Taxman 391 (SC) as follows “Section 36(1)(v) of the Income-tax Act, 1961-Bad debts Assessment years 1990-91 1993-94 and 1994-95 - Whether after 1-4-1989. it is not necessary for assessee to establish that debt in fact, has become irrecoverable it is enough if bad debt is written off as recoverable in accounts of assessee Held, yes- Whether wh…

K Paramasivan & Sons, Chennai vs. DCIT, Non Corp. Circlr-19(1), Chennai

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

ITA 1727/CHNY/2025[2012 13]Status: DisposedITAT Chennai18 Sept 2025

Bench: Shri George George Kआयकर अपील सं./Ita No.: 1727/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Shri K. Paramasivan & Sons, The Deputy Commissioner 89, Anna Salai, Vs. Of Income Tax, Guindy, Non-Corporate Ward 19(1), Chennai – 600 032. Chennai. Pan: Aakfk 7053P (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Arjun Raj, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 143(3)Section 250Section 36(1)(vi)Section 36(1)(vii)Section 37(1)

…s. :- 3 -: 3. Alternatively, the loss is allowable as bad debt u/s 36(1)(vii), as the income was offered in earlier years and the irrecoverability was conclusively established and written off in the books, in line with the decision in: TRF Ltd. v. CIT [(2010) 323 ITR 397 (SC)] 4. The partial allowance by CIT(A) and disallowance of the rest is inconsistent, given that the accounting method and nature of transactions were uniform. 5. The disallowance amounts to denial of relief for a genuine loss suffered by the assessee due to criminal misappropriation, and contradicts the settled judicial position that loss sho…

M/S. Patanjali Foods Ltd (Formerly Known As Ruchi Soya Industries Ltd), Mumbai vs. Dy Comm of Income Tax- Central Circle-7(2), Mumbai

In the result the appeal filed by the revenue stands

ITA 321/MUM/2023[2011-12]Status: DisposedITAT Mumbai17 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 319& 321/Mum/2023 A.Ys: 2007-08 & 2011-12 Patanjali Food Ltd (Formerly Vs Known as Ruchi Soya Industries Ltd) 616, Tulsiani Chambers, Nariman Point, Mumbai PAN - AAACR2892L Dy. CIT, CC – 7(2) 655, 6th Floor, Aayakar Bhavan, MK Road, Mumbai 400020. (Appellant) (Respondent) I.T.A. No. 1173 & 1174/Mum/2023 A.Ys: 2007-08, 2011-12 Dy. CIT, CC – 7(2) 655, 6th Floor, Aayakar Bhavan, MK Road, Mumbai 400020. (Appellant) Vs Patanjali Food Ltd (Formerly Known as Ruchi So…

Patanjali Foods Ltd (Formerly Known As Ruchi Soya Industries Ltd), Mumbai vs. Dy Comm of Income Tax-Central Circle-7(2), Mumbai

In the result the appeal filed by the revenue stands

ITA 319/MUM/2023[2007-08]Status: DisposedITAT Mumbai17 Sept 2025AY 2007-08

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 319& 321/Mum/2023 A.Ys: 2007-08 & 2011-12 Patanjali Food Ltd (Formerly Vs Dy. CIT, CC – 7(2) Known as Ruchi Soya 655, 6th Floor, Aayakar Industries Ltd) Bhavan, MK Road, Mumbai 616, Tulsiani Chambers, 400020. Nariman Point, Mumbai PAN - AAACR2892L (Respondent) (Appellant) I.T.A. No. 1173 & 1174/Mum/2023 A.Ys: 2007-08, 2011-12 Dy. CIT, CC – 7(2) Vs Patanjali Food Ltd 655, 6th Floor, Aayakar (Formerly Known as Ruchi Bhavan, MK Road, Mumbai Soya Industries Ltd) 4…

DCIT, CC-7(2), Mumbai vs. M/S. Patanjali Foods Ltd., ( Formerly Known As Ruchi Soya Industries Ltd, Mumbai

In the result the appeal filed by the revenue stands dismissed

ITA 1174/MUM/2023[2011-12]Status: DisposedITAT Mumbai17 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 319& 321/Mum/2023 A.Ys: 2007-08 & 2011-12 Patanjali Food Ltd (Formerly Vs Dy. CIT, CC – 7(2) Known as Ruchi Soya 655, 6th Floor, Aayakar Industries Ltd) Bhavan, MK Road, Mumbai 616, Tulsiani Chambers, – 400020. Nariman Point, Mumbai PAN – AAACR2892L (Appellant) (Respondent) I.T.A. No. 1173 & 1174/Mum/2023 A.Ys: 2007-08, 2011-12 Dy. CIT, CC – 7(2) Vs Patanjali Food Ltd 655, 6th Floor, Aayakar (Formerly Known as Ruchi Bhavan, MK Road, Mumbai – Soya Industries Ltd)…

DCIT, CC-7(2), Mumbai vs. M/S. Patanjali Foods Ltd., ( Formerly Known As Ruchi Soya Industries Ltd, Mumbai

In the result the appeal filed by the revenue stands dismissed

ITA 1173/MUM/2023[2011-12]Status: DisposedITAT Mumbai17 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 319& 321/Mum/2023 A.Ys: 2007-08 & 2011-12 Patanjali Food Ltd (Formerly Vs Dy. CIT, CC – 7(2) Known as Ruchi Soya 655, 6th Floor, Aayakar Industries Ltd) Bhavan, MK Road, Mumbai 616, Tulsiani Chambers, – 400020. Nariman Point, Mumbai PAN – AAACR2892L (Appellant) (Respondent) I.T.A. No. 1173 & 1174/Mum/2023 A.Ys: 2007-08, 2011-12 Dy. CIT, CC – 7(2) Vs Patanjali Food Ltd 655, 6th Floor, Aayakar (Formerly Known as Ruchi Bhavan, MK Road, Mumbai – Soya Industries Ltd)…

DCIT, Cen Cir 2(2), Chennai vs. Jayapriya Company, Chennai

In the result, both the appeals of the Revenue are dismissed and

ITA 1252/CHNY/2025[2022-23]Status: DisposedITAT Chennai12 Sept 2025AY 2022-23

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.G. Baskar, AdvocateFor Respondent: Mrs. Yamuna, CIT
Section 132Section 139Section 147Section 148Section 250

…upon. 6. This may be brought to the notice of all concerned”. 6.3.8 The above Circular was issued by the CBDT after the interpretation of section 147 of the Act by the Hon'ble Supreme Court in the case of T.R.F. Ltd. v. CIT [2010] 190 Taxman 391 (SC)/[2010] 323 ITR 397 (SC). The Head note of the case and relevant paragraph of the decision are reproduced below: "Section 36(1)(vii) of the Income-tax Act, 1961 Bad debts Assessment years 1990-91, 1993-94 and 1994-95 Whether after 1-4-1989, it is not necessary for assessee to establish that debt, in fact, has become irrecoverable; it is enough if bad debt is writte…

DCIT, CC2(2), Chennai vs. Jayapriya Company, Chennai

In the result, both the appeals of the Revenue are dismissed and

ITA 1251/CHNY/2025[2021-22]Status: DisposedITAT Chennai12 Sept 2025AY 2021-22

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.G. Baskar, AdvocateFor Respondent: Mrs. Yamuna, CIT
Section 132Section 139Section 147Section 148Section 250

…upon. 6. This may be brought to the notice of all concerned”. 6.3.8 The above Circular was issued by the CBDT after the interpretation of section 147 of the Act by the Hon'ble Supreme Court in the case of T.R.F. Ltd. v. CIT [2010] 190 Taxman 391 (SC)/[2010] 323 ITR 397 (SC). The Head note of the case and relevant paragraph of the decision are reproduced below: "Section 36(1)(vii) of the Income-tax Act, 1961 Bad debts Assessment years 1990-91, 1993-94 and 1994-95 Whether after 1-4-1989, it is not necessary for assessee to establish that debt, in fact, has become irrecoverable; it is enough if bad debt is writte…

Prithvi Information Solutions Limited, Hyderabad vs. ACIT, Circle-16(2), Hyderabad

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

ITA 47/HYD/2017[2010-11]Status: DisposedITAT Hyderabad20 Aug 2025AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

For Appellant: Shri P. Murali MohanRao, C.AFor Respondent: Shri Narender Kumar Naik
Section 143(3)

…आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘B’ Bench, Hyderabad श्री विजय पाल राि, उपाध् यक्ष एिं श्री मिुसूदन सािडिया, लेखा सदस् य के समक्ष । BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER आ.अपी.सं /ITA No.47/Hyd/2017 (निर्धारण वर्ा/Assessment Year : 2010-11) M/s. Prithvi Information Solutions Asst. Commissioner of Income Tax, Vs. Limited, Hyderabad. Circle 16(2), Hyderabad. PAN:AACCP5281F (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri P. Murali MohanRao, C.A. रधजस् व द्वधरध/Revenue by: Shri Narender Kumar Naik, CIT-D…

Procter and Gamble Health Private Limited, Mumbai vs. The Pr. Commissioner of Income Tax -8, Mumbai

In the result, appeal of the assessee is allowed

ITA 2326/MUM/2025[2018-19]Status: DisposedITAT Mumbai14 Aug 2025AY 2018-19

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

For Appellant: Ms. Aarti Vissanji & Shri Ajay BhandariFor Respondent: Shri R A Dhyani, CIT D/R
Section 143(3)Section 144BSection 263Section 40Section 50CSection 56(2)(x)Section 68

…आयकर अपीलीय अधिकरण न्यायपीठ, मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON'BLE ACCOUNTANT MEMBER & SHRI SANDEEP SINGH KARHAIL, HON'BLE JUDICIAL MEMBER I.T.A. No. 2326/Mum/2025 Assessment Year: 2018-19 Procter and Gamble Health Private Limited P&G Plaza, Cardinal Gracias Road Chakala, Andheri (E) Mumbai - 400099 [PAN: AAACE2616F] अपीलार्थी/ (Appellant) Vs The Pr. Commissioner of Income Tax-8, Mumbai प्रत्यर्थी / (Respondent) Assessee by : Ms. Aarti Vissanji & Shri Ajay Bhandari Revenue by : Shri R A Dhyani, CIT D/R सुनवाई की तारीख/Date of Hearing : 12/08/20…

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Jignesh Parikh, ARFor Respondent: Shri Prateek Sharma, Sr. DR
Section 28Section 36

…assessee and client books. The Counsel for the assessee submitted that the amount was never recovered, the same had been effectively written off by the client M/s Harsha Engineers Ltd. and thus, under prevailing jurisprudence including TRF Ltd. v. CIT (2010) 323 ITR 397 (SC) and CIT v. Samara India (P) Ltd. (2013) 216 Taxman 93, the write-off in the assessee's books is sufficient to claim it as bad debt. Further, the Counsel for the assessee placed reliance on Circular No. 14 (XL-35) of 1955 and Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 (SC) to contend that the absence of an entry in books cannot, by…

ACIT 8(3)(1), Mumbai, Aayakar Bhavan vs. Thirumalai Chemicals Limited, Mumbai

In the result, this ground-3 of CO is allowed for statistical purposes

ITA 4945/MUM/2024[2017-18]Status: DisposedITAT Mumbai12 Aug 2025AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankaracit 8(3)(1), Mumbai Vs Thirumalai Chemicals Limited Plot No. 101/102, 2Nd Floor, Aayakar Bhavan, M.K. Road, Mumbai-400 020 Thirumalai House, Road No.29, Sion, Matunga, Mumbai-400 022 Pan: Aaact2015M Appellant Respondent

For Appellant: Shri Dharan GandhiFor Respondent: Shri Hemanshu Joshi, SR DR
Section 143(2)Section 143(3)Section 14ASection 250Section 32Section 36(1)(vii)Section 40A(7)Section 43BSection 90

…ce and the ledger accounts are annexed related to the company, M/s ARG Resins, one of the written off debtors and tax invoices duly annexed in APB pages 170-203. 6. The Ld.AR fully relied on the order of the Hon’ble Supreme Court in the case of TRF Ltd vs CIT 323 ITR 397 (SC). The Hon’ble Apex Court observed that – “However, in the present case, the Assessing Officer has not examined whether the debt has, in fact, been written off in accounts of the assessee. When bad debt occurs, the bad debt account is debited and the customer's account is credited, thus, closing the account of the customer. In the case of Comp…

Assistant Commissioner of Income Tax, Circle-25(1), Delhi vs. Unison Hotels Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 4471/DEL/2024[2014-15]Status: DisposedITAT Delhi04 Aug 2025AY 2014-15

Bench: Ms.Madhumita Roy & Shri Manish Agarwal[Assessment Year : 2014-15] Acit, Vs Unison Hotels Pvt.Ltd., Cirlce-25(1), Plot No.2, Nelson Mandela Road, Delhi Vasant Kunj, Phase-2Nd, New Delhi-110070. Pan-Aaacu0455C Appellant Respondent Revenue By Shri Virender Kumar Singh, Sr.Dr Assessee By Ms. Kavita Jha, Sr.Adv., Shri Himanshu Agarwal, Adv. & Shri Akash Shukla, Adv. Date Of Hearing 06.05.2025 Date Of Pronouncement 04.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 12.08.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10712/2016-17 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Order Dated 23.12.2016 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2014-15. 2. Brief Facts Of The Case Are That The Assessee Is A Private Limited Company & Is Running Hotels. The Return Of Income Was E-Filed On 29.11.2014, Declaring Total Income At Inr 7,21,35,196/-. The Case Was Selected For Scrutiny Under Cass By Way Of Issue Of Notice U/S 143(2) Of The Act On 01.09.2015. Thereafter, Various Notices Were Issued From Time To Time & Submissions Were Taken From The Assessee & Finally, The Assessment Was Completed At An Income Of Inr 30,38,83,394/- By Making Various Additions/Disallowances.

Section 143(2)Section 143(3)Section 14ASection 250Section 36(1)(vii)

…the Ld.AR that Ld.CIT(A) after considering these facts has deleted the disallowance so made and requested for the confirmation of the order of Ld. CIT(A). Reliance is placed on the judgement of Hon’ble Supreme Court in the case of TRF Ltd. vs CIT reported in 323 ITR 397 (SC). Ld.AR also filed the written submissions in this regard which reads as under:- Observations/Findings of CIT(A)- Decided in favour of the assessee  The CIT(A) order held that the twin conditions for claiming deduction of write-off of bad debts in the case of the assessee have been satisfied as under. (a) That at the time of creating provisi…

DCIT., Circle-1(1), Hyderabad vs. Creamline Dairy Products Limited, Hyderabad

In the result, appeal ITA

ITA 1183/HYD/2024[2017-18]Status: DisposedITAT Hyderabad16 Jul 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA, K C Devdas And CA C Maheshwar ReddyFor Respondent: Sri Narender Kumar Naik, CIT-DR
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “B” BENCH: HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MANJUNATHA G, ACCOUNTANT MEMBER ITA.Nos.1156 & 1157/Hyd./2024 Assessment Years 2017-2018 & 2018-2019 Creamline Dairy Products The ACIT, Circle-1(2), Limited, Hyderabad-500082 vs. Hyderabad. PAN AABCC6780D (Appellant) (Respondent) ITA.No.1183/Hyd./2024 Assessment Year 2017-2018 Creamline Dairy Products The DCIT, Circle-1(1), Limited, Hyderabad-500082 vs. Hyderabad. PAN AABCC6780D (Appellant) (Respondent) For Assessee : CA, K C Devdas And CA C Maheshwar Reddy For Revenue : Sri Narender Kumar Naik,…

Creamline Dairy Products Limited, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

In the result, appeal ITA

ITA 1157/HYD/2024[2018-19]Status: DisposedITAT Hyderabad16 Jul 2025AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA, K C Devdas And CA C Maheshwar ReddyFor Respondent: Sri Narender Kumar Naik, CIT-DR
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “B” BENCH: HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MANJUNATHA G, ACCOUNTANT MEMBER ITA.Nos.1156 & 1157/Hyd./2024 Assessment Years 2017-2018 & 2018-2019 Creamline Dairy Products The ACIT, Circle-1(2), Limited, Hyderabad-500082 vs. Hyderabad. PAN AABCC6780D (Appellant) (Respondent) ITA.No.1183/Hyd./2024 Assessment Year 2017-2018 Creamline Dairy Products The DCIT, Circle-1(1), Limited, Hyderabad-500082 vs. Hyderabad. PAN AABCC6780D (Appellant) (Respondent) For Assessee : CA, K C Devdas And CA C Maheshwar Reddy For Revenue : Sri Narender Kumar Naik,…

Creamline Dairy Products Limited, Hyderabad vs. ACIT., Circle-1(2), Hyderabad

In the result, appeal ITA

ITA 1156/HYD/2024[2017-18]Status: DisposedITAT Hyderabad16 Jul 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA, K C Devdas And CA C Maheshwar ReddyFor Respondent: Sri Narender Kumar Naik, CIT-DR
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “B” BENCH: HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MANJUNATHA G, ACCOUNTANT MEMBER ITA.Nos.1156 & 1157/Hyd./2024 Assessment Years 2017-2018 & 2018-2019 Creamline Dairy Products The ACIT, Circle-1(2), Limited, Hyderabad-500082 vs. Hyderabad. PAN AABCC6780D (Appellant) (Respondent) ITA.No.1183/Hyd./2024 Assessment Year 2017-2018 Creamline Dairy Products The DCIT, Circle-1(1), Limited, Hyderabad-500082 vs. Hyderabad. PAN AABCC6780D (Appellant) (Respondent) For Assessee : CA, K C Devdas And CA C Maheshwar Reddy For Revenue : Sri Narender Kumar Naik,…