The expenses incurred when materials were imported, such expenses incurred for such import were for the purpose of business pending capitalisation, i.e. utilisation thereof. However, the assessee relinquished the right and title to those goods in accordance with the Customs Act, 1962 considering the goods so lying with the port authorities had lost their life for use in the assessee’s business. Further the payments towards insurance, warehouse rent and other charges would become uneconomic in true commercial sense. It is a business loss which is allowable as deduction. ( AY.2005 -06)
ACIT v. Ballarpur Industries Ltd. (2018) 64 ITR 21 (SN)/ 168 DTR 225 / 193 TTJ 521 (Nag.)(Trib.)
S. 28(i) : Business Loss — Write off of stores and parts -Imported goods were lying in custody of port authorities in bonded warehouse- Relinquishing its right and title to goods- Goods lost their life for use in its business-loss is incidental to business and allowable as business loss. [S. 37(1)]