TaxTMI 
TaxTMI 
2014 (1) TMI 1628
X X X X Extracts X X X X
X X X X Extracts X X X X
....9-10. 2. Briefly stated, during the assessment proceedings, the assessee furnished the details of sundry debtors and sundry debts and advances written off. Ongoing through the details, the Assessing Officer found that the assessee had written off an amount of Rs. 13,93,31,610 of M/s. Modi Entertainment Network Ltd (MEN). Hence, the assessee was asked to furnish the documents relating to the transaction with MEN. The assessee- company, through its representative's letter dated December 5, 2011, made written submissions and also filed a revised computation of total income stating that the assessee-company had decided to withdraw its claim of bad debts of advances given to M/s. Modi Entertainment Ltd. As the assessee had withdrawn expen....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rators through its distribution network. The assessee was interested in acquiring the sub-distributorship of the satellite channels from MEN. Therefore, in the course of its business, the assessee advanced a sum of Rs. 13,93,31,610 to MEN in order to obtain the said sub- distributorship rights. Unfortunately, due to financial crunches, the creditors of MEN filed application for winding up of MEN and the hon'ble Delhi High Court passed order for liquidation of MEN. In view of these circumstances, the assessee, following the principle of prudence wrote off the advance given. Further, the advances given to MEN which were written off during the year were fully and truly disclosed by way of Note No. 11 of annual accounts which read as in vie....
X X X X Extracts X X X X
X X X X Extracts X X X X
....notice dated June 14, 2012 issued by the Assessing Officer during the penalty proceedings which is available from pages 24 to 30 of the paper book and reiterated his contentions on the basis of the arguments preferred before the lower authorities. It has been stated that the advances to MEN written off during the year has been separately shown in the profit and loss account under the head "Debts/ advances written off", which is however in the nature of trading loss. The mistake has been committed by the accountant without taking any assistance from the professional which resulted in claiming the same as bad debts. Also, reliance has been placed on the decision of the Delhi High Court in the case of CIT v. Sumangal Overseas, decision of the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s claimed that in the course of its business, the assessee has advanced a sum of Rs. 13,93,31,610 to MEN in order to obtain the sub-distributorship rights, the same cannot be a trading advance as the nature of advance is for the purpose of acquiring new business asset considering the fact that the assessee is engaged in the business of management consultancy. Therefore, the decision of the Delhi High Court in the case of CIT v. Sumangal Overseas relied on by the learned authorised representative is not applicable in the case of the assessee. Secondly, it is the contention of the learned authorised representative that the assessee has withdrawn its claim of bad debt during the assessment proceedings due to inaccessibility of documents pertai....