2007 (7) TMI 241 - HC - Income Tax

Bad debts - winding up petition was filed by the assessee because the amounts were not recoverable from the debtor - said company (debtor) had also been declared a sick company by BIFR assessee could not recover its debts hence amount was deductible as a bad debt Secondly when realization of even the principal amount was in jeopardy and therefore there could not be said to be any real accrual income by way of interest addition on account of interest were rightly deleted

Summary

Issues:
1. Depreciation allowance on tankers.
2. Treatment of bad debts.
3. Accrual of interest income on advances.

Depreciation Allowance on Tankers:
The Revenue contested the allowance of depreciation on tankers at a rate of 100%. The court noted a similar case where the decision was unfavorable to the Revenue, indicating no substantial question of law. The court upheld the Tribunal's decision, emphasizing that the circumstances justified the depreciation claim.

Treatment of Bad Debts:
The Revenue challenged the deletion of an addition made on account of bad debts. The assessee had given a bill discounting facility to a company declared a sick company by the Board for Industrial and Financial Reconstruction. The court clarified that the winding-up petition was due to the unrecoverable nature of the debts, not for recovery. Both the CIT(A) and the Tribunal deemed the debts as bad debts, following the provisions of the Income-tax Act. The court upheld this decision, stating no hope existed for debt recovery.

Accrual of Interest Income on Advances:
The Revenue disputed the deletion of interest income computed by the Assessing Officer on advances given to seven parties. The assessee had written off the loans as bad debts in the subsequent year. The Tribunal applied the principle that income must have truly accrued to the assessee, citing relevant Supreme Court precedents. As the interest was not recorded in the books and debts were written off, the court agreed that no real accrual of interest existed. The decision to delete the addition was upheld, emphasizing the lack of income realization.

In conclusion, the court dismissed the appeal, affirming the decisions regarding depreciation allowance on tankers, treatment of bad debts, and accrual of interest income on advances. The judgments were based on the specific circumstances of each issue and the relevant legal principles applied in determining the tax implications.