Anant Raj Ltd. v. ACIT (2020) 184 ITD 820/191 DTR 32/206 TTJ 1 (Delhi)(Trib.)

S. 28(i) : Business income-Capital gains-Bad debt-There is no embargo either on Assessing Officer or on assessee to show income or loss under head business or profession in subsequent year merely because it was shown in earlier assessment year-Income has to be assessed under correct head-Allowability of bad debt or business loss has to be determined in the year in which it is to be allowed-Bad debt is allowable in the year it is written off in the books of account. [S. 36(1)(viii), 36(2), 45, 143(3)]

Tribunal held that  if either assessee has offered income or Assessing Officer in earlier assessment year has assessed income under particular head which originally was assessable in a different head, i.e., capital gain, even though same was liable to be assessed under head ‘business or profession’, then there is no embargo either on Assessing officer or on assessee to show income or loss under head ‘Business or profession’ in subsequent year. Therefore claim regarding allowability of bad debts or business loss has to be determined by Assessing Officer in year in which loss has been claimed in P&L account and assessment of corresponding income as capital gain in an earlier year would not be binding on assessee and it is always open for assessee to point out that it is to be assessed under correct head, that is, business income.  Assessee need not require to establish/prove that debt has in fact become irrecoverable and it is sufficient that if the bad debt is written off irrecoverable in account of assessee; and, there is no requirement under Act that bad debt has to accrue out of income under same head ‘income from business or profession’ to be deducted as income (AY. 2013-14)