| COURT: | ITAT Ahmedabad |
| CORAM: | Mahavir Prasad (JM), Pradip Kumar Kedia (AM) |
| SECTION(S): | 254, 36(1)(vii), 43(5), Explanation to s. 73 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Bad Debt, NSEL scam, speculative loss |
| COUNSEL: | Mukesh Patel |
| DATE: | October 16, 2018 (Date of pronouncement) |
| DATE: | October 26, 2018 (Date of publication) |
| AY: | 2014-15 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 254/ 36(1)(vii): If the AO has failed to discharge his obligation to conduct a proper inquiry, it is the obligation of the ITAT to ensure that effective inquiry is carried out. The AO has not examined the crucial aspect whether the bad debts claimed by the assessee due to the NSEL scam constitutes a "speculative transaction" u/s 43(5) and whether Explanation to s. 73(1) applies | |
A perusal of the order of the lower authorities gives an infallible impression that such crucial aspect has not been addressed. Without understanding the fate of the goods purchased purportedly in the custody of or on behalf of the assessee, it will not be possible to determine the issue. Where the purchase with delivery is settled by cross contract of sale with delivery at future date against sale proceeds, the entire debt turning bad is rather innocuous
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