VidhiSangh

Supreme Court of India · 25/08/2022

PR. COMMISSIONER OF INCOME TAX 6 versus KHYATI REALTORS PVT. LTD.

[2022] 7 S.C.R. 37 · 2022 INSC 864

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Summary

A real-estate and finance company paid Rs. 10 crore in 2007 to a builder to book commercial premises. When the project stalled, it wrote the sum off as a bad debt in assessment year 2009-10, alternatively calling it a loan or a Section 37 business expense. The Assessing Officer and CIT(A) disallowed the deduction, but the ITAT allowed it and the High Court found no question of law. The Supreme Court allowed the Revenue's appeal. A Section 36(1)(vii) deduction requires an actual write-off in the accounts and compliance with Section 36(2): the debt must have entered income or be money lent in banking or money-lending business. The assessee proved neither, and an advance to buy property is a capital outlay, not a debt. Section 37 may sometimes apply after a failed Section 36 claim, but not here.

Issues

  1. Whether an advance paid to a builder to book commercial premises, later written off, was deductible as a bad debt under Section 36(1)(vii) read with Section 36(2) of the Income Tax Act, 1961
  2. Whether the amount was alternatively deductible as business expenditure under Section 37

Provisions considered

Held

Result

Revenue's appeal allowed; the orders of the High Court and the ITAT allowing the Rs. 10 crore bad-debt deduction were set aside; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 37.