Claim of bad debts allowable even if debts are of the same year – ITAT Mumbai

DCIT Vs Rediff.com India Limited (ITAT Mumbai)- A.O. disallowed the claim of bad debts on the ground that the transactions pertain to the current year and the same was written off by the assessee in the same year itself. According to the A.O. the bad debt claimed by the assessee has in fact not yet matured to claim it as bad and irrecoverable. We find the CIT(A) allowed the claim of bad debts on the ground that the assessee fulfilled the conditions of section 36(1)(vii) r.w.s. 36(2) of the Act. We find this issue has now been decided in favour of the assessee by the decision of Honourable Supreme Court in the case of TRF Ltd. Vs. CIT 323 ITR 397 wherein it has been held that after the amendment of section 36(1)(vii) of the I.T. Act, 1961 w.e.f. April 1, 1989, in order to obtain a deduction in relation to bad debts, it is not necessary for the assessee to establish that the debt, in fact, has become irrecoverable. Since the assessee has written off the amount of bad debts in the books of account, therefore, in view of the decision cited above, we do not find any infirmity in the order of the CIT(A) in allowing the claim bad debts written off.

Dy. Commissioner of Income Tax Vs. M/s Rediff.Com India Pvt. Ltd.

ITAT MUMBAI

ITA No. 905/Mum/2008

Assessment Year : 2002- 03

M/s Rediff.Com India Pvt. Ltd., Vs. Dy. Commissioner of Income tax 

ITA No. 1120/Mum/2008

Assessment Year : 2002-03

Dy. Commissioner of Income tax Vs. M/s Rediff.Com India Pvt. Ltd.,

ITA No.906/Mum/2008

Assessment Year : 2003-04

ORDER

PER BENCH

ITA No. 905/Mum/2008 & ITA No. 1 120/Mum/2008 are cross appeals and are directed against the separate orders dated 14.11.2007 of the ld. CIT(A) – VII, Mumbai relating to A.Y. 2002-03. ITA No. 906/Mum/2008 filed by Revenue is directed against the order dated 14.11.2007 of the ld. CIT(A)- VII, Mumbai relating to A.Y. 2003-04. For the sake of convenience, these were heard together and are being disposed of by this common order.

ITA No. 1 120/Mum/20-08 (By the assessee for A.Y. 2002-03)