ACIT v. Sodexo Food Solutions India P. Ltd. (2019) 69 ITR 119 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt – Deposits written off for premises taken on lease for business purposes was allowable as a deduction. [S. 36(2)]

On appeal by the Department, the Tribunal observed that the premises for which the security deposits were given were used for business purposes and the Ld. AO, in the alternative, had opined the said expenditure to be capital in nature which demonstrated that, the genuineness of the same was not under doubt by the AO. Accordingly, it was held that as the expenditure did not bring into existence any new asset or benefit of enduring nature and expenses being incurred during the course of business, it was revenue in nature and allowable as a deduction to the Assessee. (AY. 2011-12)