Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) /(2022) 210 DTR 279(Kol.)(Trib.)

S. 36(1)(vii) : Bad debt-Sale of unit by way of slump sale-Deliberately keeping entries in accounts to claim loss at end of year-Not allowable ad bad debt. [S. 50B]

Held that the unit in question was sold out by way of slump sale on May 23, 2011, whereas, the assessee had calculated the net worth of the unit as on March 31, 2011 and claimed bad debts in the assessment year 2012-13. On a slump sale, the assets and liabilities get transferred to the purchaser. The assessee deliberately kept the entries continued in its accounts so as to claim the loss on account of bad debts at the end of the year, which was not justified. The order of the Assessing Officer on this issue was to be restored. (AY. 2012-13)