Prior period expenses

R.C.Jain and Associates (Member) (134 Points)

28 January 2014  

A rent agreement was made between X ltd and Y ltd 4 years back. X ltd taken the shop on rent from Y ltd for say suppose 1, 00,000 pm. In between the year there was a breach of Contract from X ltd. So Y ltd wanted X ltd to pay the rent for the remaining part of the year. The matter was under dispute since then.

 

X ltd showed the rent payable as contingent liability in the financials from that year.

 

During current year it was mutually decided between the X ltd and Y ltd that X ltd would pay the rent to Y ltd for the remaining part of the year.

 

Now the business of X ltd is closed. Can the X ltd claim that expense in this financial year 2013-14 as business expenditure? Would these expenses be allowed under Income Tax Act, 1961 as these expenses are prior period item? As there is no business continued can X ltd carried forward this expenditure as loss & set off against future Income.