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july 1985

Supreme Court of India · 1985-07-08

COMMISSIONER OF INCOME TAX, A.P. vs M/S. T.VEERABHADRA RAO, K. KOTESWARA RAO & CO.

Citation / case number
SC 1975/60562
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX, A.P.
Respondent
M/S. T.VEERABHADRA RAO, K. KOTESWARA RAO & CO.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that under Section 36(1)(vii) of the Income Tax Act, 1961, a successor firm can write off debts owed by a predecessor firm as irrecoverable and claim them as bad debts. The Court reasoned that when a business is transferred, the rights associated with that business, including the right to claim deductions for bad debts, also transfer to the successor. It was clarified that the successor firm is entitled to deductions even if the debt was previously accounted for by the predecessor firm, as the successor effectively steps into the shoes of the predecessor.

COMMISSIONER OF INCOME TAX, A.P. vs M/S. T.VEERABHADRA RAO, K. KOTESWARA RAO & CO. · Niyam