Ashok Leyland Ltd. v. ACIT (2022) 288 Taxman 514 /(2023) 455 ITR 526 (Mad.)(HC)

S. 28(i) : Business loss-Advance of money-Irrecoverable amount-Capital loss not allowable as business loss. [S. 36(1)(iii), 37(1)]

Assessee advanced certain amount on interest. After some years the loan was written off as irrecoverable amount and claimed as business loss  Assessing Officer disallowed claim on ground that money lending and banking were not principal activities and that advances were transactions on capital account and, therefore, loss suffered by assessee was capital loss which was neither admissible under section 36(1)(iii) nor under section 37(1) of the Act.-Commissioner (Appeals) confirmed order of Assessing Officer on premise that putting surplus money as inter corporate deposit for earning of interest could not be said to be incidental to business or during ordinary course of business. Tribunal held that loss incurred by assessee in respect of loan advanced was in nature of capital loss and was not allowable under section 28(1) of the Act.  (AY. 2000-01).