theft of cash while bringing from bank

This query is : Resolved

CA.SURESH MURUDI (Querist)
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06 February 2009 my clint a commission agent was drawn cash of Rs.3 lacs from bank and it was stolen while bringing to shop.he lodged compalint with police.whether same can be climed as business expenses u/s 28

CA Suresh Choudhary

CA Suresh Choudhary (Expert)
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06 February 2009 No,
Cash theft can never be considered as business expenses under section 37(1) of income tax Act.

CA Jithesh C

CA Jithesh C (Expert)
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06 February 2009 Yes. Can be claimed only when the exact amount of loss is crystaliized.

K V Subba Rao

K V Subba Rao (Expert)
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06 February 2009 Check Link https://articles.manupatra.com/PopOpenArticle.aspx?ID=96abd7cd-a576-4c30-af9b-111c6fcacf4b&txtsearch=
and study Article "Taxation - LOSS BY EMBEZZLEMENT OR THROUGH DEFALCATION"

Check Link https://law.incometaxindia.gov.in/DitTaxmann/IncomeTaxActs/2008ITAct/casesec28.htm and take note of "Theft cannot be differentiated from embezzlement - It is settled that for determining whether any loss from theft, dacoity, embezzlement, etc., is deductible or not, what is material is whether the loss incurred by theft, dacoity, etc., is incidental to the carrying on of the business. It does not make such difference whether such act is committed by the employees of the assessee or by strangers. It is difficult to draw a distinction between embezzlement of the amount from the bank and theft of the amount from the cash box of the businessman from his sales counter or business premises. What is material is whether the loss was caused to the assessee in the course of his business activity - G.G. Dandekar Machine Works Ltd. v. CIT [1993] 202 ITR 161 (Bom.)"

Based on the above, it appears to me that theft of Rs 3 lacs while bringing it from Bank to Shop can be claimed as expenditure provided, of course, you should be able satisfy the Department, if and when required, that you have taken all possible precautions and steps for lodging police complaint and getting 'Not traceable' letter etc