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Microlesson · 5-min read

Section 36(1)(vii) - Bad Debts

# Section 36(1)(vii) - Bad Debts

## Allowability

TypeTreatment
Actual Bad DebtsAllowed
Provision for Bad DebtsNot Allowed (except to Banks u/s 36(1)(viia))

## Conditions for Actual Bad Debt

### For General Business

  • Bad debts must be related to the business of the assessee — Allowed.
  • Bad debts arising from loans given — Not Allowed (since lending is not the business).

### Exception: Lending / Money-Lending Business

  • For an assessee engaged in lending/banking business, bad debts arising from loans ARE allowed (since loans are their business).

## Conditions for Write-Off

  • Bad debt must be written off in the Books of Account in the year in which the assessee decides it is irrecoverable.
  • No need to actually prove the debt is bad — mere write-off in BOA is sufficient (post Supreme Court ruling in TRF Ltd.).

## Provision for Bad Debts - Banking Sector Exception

  • Banks and certain financial institutions get a separate deduction for provision for bad and doubtful debts under Section 36(1)(viia).

Worked example

### Example 1

Example 1: A trader sells goods on credit worth ₹5,00,000 to a customer who later goes bankrupt. The trader writes off ₹5,00,000 as bad debt in books. → Allowed u/s 36(1)(vii).

### Example 2

Example 2: A trader gives a personal loan of ₹3,00,000 to a friend who fails to repay. Loan is written off. → NOT allowed (not related to business; trader is not in lending business).

### Example 3

Example 3: A Bank's loan to a defaulting borrower is written off. → Allowed (lending is its business).

⚠️ Common exam mistakes

  • Claiming deduction for 'provision' for bad debts — only actual write-off is allowed (except for banks).
  • Allowing bad debt from a non-business loan as deduction.
  • Trying to prove the debt is actually bad — post TRF Ltd. decision, only write-off in BOA is required.
  • Forgetting that the debt must have been considered in computing income of the assessee in any previous year (e.g., taxed as revenue earlier).
Reference: Section 36(1)(vii) and 36(1)(viia) — Income Tax Act, 1961
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