1995 (3) TMI 141 - AT - Income Tax

Disallowed Cash Loss, Allowed Diamond Loss Appeal Decision

The appeal involved a dispute over the disallowance of a loss claimed by an individual running a jewelry shop due to the robbery of stock-in-trade and ... Business Loss, Business Premises Issues:Non-allowance of loss due to robbery of stock-in-trade and cash for assessment year 1988-89.Analysis:The appeal pertains to the disallowance of a loss claimed by the assessee amounting to Rs. 3,71,209 due to robbery of stock-in-trade and cash. The assessee, an individual running a jewelry shop, claimed the loss occurred while carrying cash and diamonds for stock taking and safe custody. The Assessing Officer and the CIT(A) disallowed the loss, stating it was not incidental to the business operation. The assessee argued that the loss was directly related to the business and had a proximate nexus to it. The Counsel relied on legal precedents to support the claim, emphasizing that the loss was incurred during the course of business activities.The Counsel referred to the Patna High Court judgment, distinguishing it from the current case and argued that the loss was allowable under commercial principles. They also cited Supreme Court decisions to support the claim that losses incidental to business operations are deductible. Additionally, the Counsel highlighted a Madras High Court case where a similar loss was allowed as a business loss. The Departmental Representative contended that the loss did not have a direct nexus to the business operation and was correctly disallowed by the revenue authorities.The Tribunal analyzed the facts and legal precedents presented by both parties. It noted that the diamonds constituted the assessee's stock-in-trade and were taken home for various business purposes, including stock taking and displaying to clients. Drawing parallels to the Madras High Court case, the Tribunal held that the loss of diamonds was a business loss and allowable. However, it differentiated the loss of cash, stating it was not stock-in-trade and hence not allowable. The Tribunal directed the Assessing Officer to determine the exact quantification of the loss, considering the settlement received from one insurance company and pending claim with another. The appeal was partly allowed, with the loss of diamonds deemed as a business loss and the quantification aspect referred back to the Assessing Officer for further examination.