Write off of unsecured loan to a Firm

1006 views 2 replies

I have lent an unsecured advance to a partnership firm which is loss-making now and filed a insolvency petition in the court. It is almost certain my money will not get repaid as the firm holds no assets in the balance sheet. Lending money is not my business activity.

Please advise can I claim deduction towards the write-off of the unsecured advance on which I have declared interest income under the head 'Income from other sources' in earlier years when the loan was performing and active?

Replies (2)

Claiming Deduction for Write-Off of Unsecured Advance As you've lent an unsecured advance to a partnership firm that's now in insolvency proceedings and likely won't repay the loan, you can claim a deduction for the write-off.

Conditions for Claiming Deduction - *Income from Other Sources*: Since you've declared interest income from the loan under 

"Income from Other Sources" in earlier years, you can claim a deduction for the write-off. - *Loan Becoming Irrecoverable*: You'll need to demonstrate that the loan has become irrecoverable. 

The firm's insolvency petition and lack of assets in the balance sheet can serve as evidence. Section 57 of the Income-tax Act You can claim the deduction under Section 57 of the Income-tax Act, which allows deductions for expenses incurred to earn income from other sources. Although the loan itself isn't an expense, the irrecoverable amount can be considered a loss incidental to the earning of interest income. 

Claim the Deduction You can claim the deduction in the year the loan becomes irrecoverable, which appears to be the current year given the insolvency proceedings. Ensure you maintain documentation, such as: - 

*Loan agreement*: Details of the loan provided to the partnership firm. - *Insolvency petition*: Copy of the insolvency petition filed by the firm. -

 *Balance sheet*: Copy of the firm's balance sheet showing no assets.

Sir, thank you for advising on the query!

According to IT Act, write-off of irrecoverable advances can be claimed as deduction only if the bad debt is incidental to the business of assessee and deducted under the head 'Income from Business or Profession'. Since lending is not my primary business activity (though am employed and have income from Salaries), kindly advise can I still claim deduction of the write-off under the head 'Income from other source'.

Thanks in advance.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 26 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details