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september 2008

Supreme Court of India · 2008-09-23

Commr.Of Income Tax-Iv,Delhi vs M/S Hcl Comnet Systems & Services Ld

Citation / case number
AIRONLINE 2008 SC 395
Court
Supreme Court of India
Petitioner
Commr.Of Income Tax-Iv,Delhi
Respondent
M/S Hcl Comnet Systems & Services Ld
Author
S. H. Kapadia
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court ruled that the Assessing Officer (AO) was incorrect in adding back the provision for doubtful debts of Rs. 92,15,187/- to the net profit under clause (c) of the Explanation to Section 115JA of the Income-tax Act, 1961. The Court held that the provision for bad debts is not an ascertained liability and thus should not be included in the computation of 'book profit' as defined under Section 115JA. The decision of the CIT(A), which was affirmed by the Tribunal and the High Court, was upheld, allowing the assessee's appeal.

Commr.Of Income Tax-Iv,Delhi vs M/S Hcl Comnet Systems & Services Ld · Niyam