Saturday, April 9, 2016

An advance or debt is a capital asset; loss on sale of debt allowed as short-term capital loss

a)  Assessee, a foreign company, granted loan of € 90,00,000 to its subsidiary in India.
b)  It sold the aforesaid debt for € 7,31,000 as its subsidiary ran into serious financial crisis. The assessee claimed short term capital loss on this transaction of sale of debt.
c)  Assessing Officer (AO) disallowed claim of assessee on ground that loan couldn’t be treated as capital asset under Section 2(14).

d)  CIT(A) confirmed the order of AO. Aggrieved assessee filed the instant appeal before the tribunal.