Wieden+Kennedy India Pvt. Ltd. v. Dy. CIT (2023)101 ITR 63 (SN.) (Delhi) (Trib)

S. 28(i) : Business loss-Business expenditure-Money embezzled by director-CIT(A) accepted loss but denied deduction for want of details-AO to verify recovery and allow balance of loss.[S. 37(1)]

Held, that the Commissioner (Appeals) had accepted that the loss was allowable but he had not allowed the deduction for want of details. The assessee had clearly said that it had not made any debit of expenditure as embezzlement loss. It was only a note in the account explaining the loss from which the authorities had come to the conclusion that the assessee had debited the embezzlement loss. On the facts, this issue needed to be remitted back to the file of the Assessing Officer. The Assessing Officer was to factually verify the recovery and allow the balance of loss. (AY. 2014-15)

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