2010 (5) TMI 842 - AT - Income Tax

Tribunal upholds disallowance of bad debts claimed by assessee. Key lessons on evidence and compliance.

Bayer Cropscience Ltd (Formerly known as Aventis Cropscience (I) Ltd) Versus ACIT

The Tribunal upheld the disallowance of bad debts claimed by the assessee amounting to Rs. 2,92,70,003. The assessee's appeal for reconsideration was ... - Issues Involved:1. Disallowance of Bad Debts.Summary:Disallowance of Bad Debts:The assessee filed a Miscellaneous Application (MA) seeking reconsideration of the disallowance of bad debts amounting to Rs. 2,92,70,003/-. The assessee contended that the Tribunal did not consider the documents submitted in the paper book during the appellate proceedings. The documents included details of bad debts, letters from Universal Foods, profiles, agreements, and submissions before the CIT (A).The Tribunal had previously rejected the claim on the grounds that no evidence was provided to prove that the amounts were advanced in the course of business. The Tribunal noted that the assessee failed to furnish necessary details to the A.O., CIT (A), or the Tribunal itself.The Tribunal reiterated that for an amount to be allowed as bad debt, it must satisfy the conditions u/s 36(2). The assessee's claim was found to be based on approximate figures without establishing the correct amounts involved. The CIT (A) had also found contradictions in the submissions and noted that the assessee failed to provide agreements or evidence of transactions that would satisfy the conditions for bad debt deduction.The Tribunal concluded that since the assessee did not provide sufficient evidence to substantiate the claim, the disallowance was justified. The Tribunal also stated that it does not have the power to review its own order. Consequently, the MA was dismissed.Order Pronounced on 14th May 2010.