Assessee claimed deduction for bad debts in profit and loss account, which Assessing Officer partially disallowed, classifying it as capital in nature and noting it had not been offered to tax in previous years, thus not meeting Section 36(2) conditions. CIT(A) up held the order of the AO. On appeal the Tribunal held that there is no allegation on behalf of lower authorities regarding those expenditure to be not genuine and moreover, Commissioner (Appeals) had not disposed of said ground in toto, which had caused prejudice to assessee. Therefore, issue is remanded to Commissioner (Appeals) to verify those expenditure and to consider claim of assessee in accordance with law. Assessing Officer applied an ad hoc 20% disallowance on staff welfare, marketing, conveyance, travel, and miscellaneous expenses. CIT(A) up held the order of the AO. On appeal the Tribunal held that 20% disallowance is excessive and therefore, disallowance is reduced to 10%. (AY. 2016-17)
Aarav Fragrances and Flavors (P.) Ltd. v. ACIT (2024) 209 ITD 556 (Mum.)(Trib.)
S.37(1): Business expenditure-Part of bad debt-Capital expenditure-Alternative claim-Matter remanded to remanded to Commissioner (Appeals) to verify and consider said claim-Disallowance on staff welfare, marketing, conveyance, travel, and miscellaneous expenses is restricted to 10%. [S.36(2)]