DCIT v. AGC Network Ltd. (2020) 180 ITD 204 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt–Termination of lease agreement–Write off of security deposit–Matter remanded.

Assessee had taken on lease subject premises on furnishing security deposit. Lease agreement was terminated, however, security deposit was not refunded. The assessee wrote-off security deposit in its books after making adjustment towards unpaid rent and claimed it as deduction. AO disallowed assessee’s claim of deduction.  On  appeal the Tribunal held that having reached a settlement with landlord and offered amount so received in lieu of settlement to tax, matter remanded back for verification of  the facts.  (AY. 2005-06, 2009 10)