1994 (7) TMI 47 - HC - Income Tax

Tribunal disallows business loss deduction due to lack of creditor-debtor relationship

The Tribunal ruled in favor of the Revenue, disallowing the deduction claimed by the assessee as a business loss. The dispute arose from the amount ... Bad Debt, Business Loss, Embezzlement By Employee, Income Tax Act Issues:- Allowability of deduction claimed as a business loss for the amount charged by the principals- Determination of bad debt and trading loss in the context of employer-employee relationship- Failure to establish relationship of creditor and debtor for claiming bad debtAnalysis:The case involved a dispute regarding the deduction of Rs. 45,634 claimed by the assessee as a business loss for the amount charged by the principals. The Income-tax Officer disallowed the deduction as a bad debt since the employee, Kishan Chand, had embezzled the amount collected from debtors of the principal, Atma Ram and Sons. The Appellate Assistant Commissioner allowed the deduction, considering it as a normal business expense. However, the Revenue challenged this decision, arguing that the amount was not a bad debt but a trading loss for the principal, Atma Ram and Sons, and not the agent. The Tribunal found that the relationship between the employee and the principal did not establish a trading loss for the agent. Moreover, there was no evidence of the principal demanding the amount from the assessee, leading to the disallowance of the deduction.In analyzing the issue of bad debt and trading loss, the Tribunal emphasized the lack of a creditor-debtor relationship between the assessee and Kishan Chand or the principal. The Tribunal noted that the debtors had already paid the amount to the employee, making it ineligible to be considered a bad debt. The failure of the assessee to produce Kishan Chand or evidence of the principal's claim further weakened the case for claiming the deduction. Without establishing the necessary elements for a bad debt claim, the Tribunal upheld the disallowance of the deduction as a business loss incidental to the assessee's business.The judgment highlighted the importance of accurately framing the questions in references under section 256(1) to align with the findings of fact. The Tribunal was cautioned against using language in the questions that contradicted the established facts of the case. It was advised to ensure that the questions accurately reflected the actual dispute between the parties to avoid confusion and maintain consistency with the evidentiary record. The judgment ultimately favored the Revenue, affirming the disallowance of the deduction claimed by the assessee as a business loss.