BCL Secure Premises Pvt. Ltd. v. ACIT (2022) 93 ITR 267 (Delhi)(Trib.)

S. 28(i) : Business loss-Advance for business purposes-Amount written off-Allowable as business loss. [S. 37(1)]

Held that the wisdom and the business prudence of the assessee could not be questioned to test the said transaction on preponderance of probability when there was no adverse material against the assessee with regard to business dealing of the assessee with the party. The reasoning given by the Commissioner (Appeals) for disallowing the claim of loss could not be accepted and the explanation and the loss claimed with regard to advance paid to this party was allowed as business loss. Referred Shiv Raj Gupta v. CIT (2020) 425 ITR 420 (SC). (AY.2015-16)