The assessee is a non Banking Finance Company engaged in the business of inter alia of lease finance . The lessee defaulted in payment of instalments . The Assessee approached the High court seeking winding up of Orson Electronics Ltd and appointment of Official liquidator too safe guard the interest of the creditor . The assessee wrote off the amount due as bad debt in the books of account . The Assessing Officer disallowed the claim of the assessee on the ground that pendency of dispute . The Order of assessing Officer is affirmed by the Tribunal . On appeal allowing the claim the Court held that once a once a business decision has taken to write off a debt as a bad debt in books of account should sufficient to allow the claim as bad debt . (AY. 1991 -92 ) (ITA No. 70 of 2004 dt .18 -7 2022)
L.K.P.Merchant Financing Ltd v .Dy.CIT ( 2022) 447 ITR 507 / 288 Taxman 389 / 329 CTR 909/ 220 DTR 231( Bom)(HC) www.itatonline .org .
S. 36(1)(vii) :Bad debt – Pendency of dispute – Lease rental – Depreciation -Once a business decision has taken to write off a debt as a bad debt in books of account should sufficient to allow the claim as bad debt [ S. 36(2) ]