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Moment guide · FY 2026-27

I am writing off a bad debt from my business

When is a bad debt deductible under section 36(1)(vii)?

Sec 36(1)(vii)Sec 41(4)Sec 36(1)(viia)Verified 2026-08-11

A business debt actually written off in the books as irrecoverable is deductible under section 36(1)(vii), without needing court proof. But a provision for doubtful debts is not deductible for ordinary businesses, and if you later recover a written-off amount, the recovery is taxable under section 41(4) in the year received.

Your legitimate options

Every route the statute actually gives you — with its condition, cap and deadline.

RouteConditionCap / deadline
Write-off in books is enoughA debt written off in the books as irrecoverable is deductible u/s 36(1)(vii) — no court decree is requiredMust be a business debt, previously included in income
Recovery later is taxableIf you recover a written-off debt later, the recovery is taxable u/s 41(4) in the year of recoveryTaxed even if the original write-off year has passed
Provisions are not deductibleA mere provision for doubtful debts is NOT deductible for non-banking businesses; only actual write-offs countBanks and NBFCs get the specific 36(1)(viia) provision deduction

The #1 trap

Deducting a provision for doubtful debts as if it were a write-off — a provision is not deductible for a normal business; the debt must actually be written off in the books under section 36(1)(vii). And when a written-off debt is later recovered, the recovery is taxable under section 41(4), so the 'saving' reverses itself.

The decision path

Follow it top to bottom — the first condition that matches is your answer.

  1. IF you wrote off a business debt in your books → it is deductible u/s 36(1)(vii) if the debt was earlier included in income.
  2. IF the debt is not actually written off but only provided for → the provision is not deductible for a normal business.
  3. IF you recover a written-off debt later → the recovery is taxable income u/s 41(4).
  4. IF you are a bank or NBFC → the specific provision deduction under 36(1)(viia) applies instead.
  5. IF the debt is a personal loan → no deduction at all; section 36(1)(vii) requires business character. [VERDICT: actual write-off deducts; a provision does not; recovery reverses it.]

Worked example

Rohit, manufacturer recovering an old written-off debt

Rohit's manufacturing business supplied goods worth ₹5,00,000 to a customer who became insolvent. In FY 2024-25 he wrote off the ₹5,00,000 in his books as irrecoverable, and under section 36(1)(vii) the write-off is deductible in that year, because the sale had already been included in income and the debt has the character of a business debt. No court decree or recovery proceedings are required — the write-off in the books is sufficient evidence. In FY 2025-26 the insolvency resolution process returns ₹2,00,000 to Rohit, and under section 41(4) that ₹2,00,000 is taxable as business income in the year of recovery, even though the original write-off year has passed. His net deduction across the two years is ₹5,00,000 minus ₹2,00,000, which is ₹3,00,000. Rohit's accountant suggested creating a ₹1,00,000 provision for another doubtful customer instead of writing it off, but a provision is not deductible for a non-banking business — only an actual write-off qualifies under section 36(1)(vii) — so he writes off the ₹1,00,000 only when it becomes genuinely irrecoverable. A bank or NBFC, by contrast, can deduct provisions under the specific section 36(1)(viia) rules. Rohit keeps the ledger entries, the customer's insolvency documents and the recovery statement to substantiate both the write-off and the section 41(4) inclusion. A quick call with us dials in the final figure. Rohit also confirms that the debt must have been included in his income earlier, so a loan advanced to a customer without a corresponding sale is not a deductible bad debt under section 36(1)(vii). The write-off must be a genuine book entry made in the year the debt is claimed, and the auditor's report and the ledger entry are the evidence the department accepts. If the debt is partly recovered, only the un-recovered balance stays deducted and the recovery is taxed under section 41(4) in the year received. If the customer's insolvency proceeding concludes with a settlement of ₹1,00,000 on a ₹1,50,000 debt, Rohit deducts the ₹50,000 shortfall in the settlement year, and the ₹1,00,000 received is not income because the original debt was never written off. For a bank or NBFC, the provision-based deduction under 36(1)(viia) works differently, with percentage limits on the provision. He keeps the ledger entries, the insolvency documents and the recovery statements, and he never claims a mere provision as a write-off. A quick call with us dials in the final figure.

Questions people actually ask

Do I need court proof to deduct a bad debt?

No — writing the debt off in your books as irrecoverable is enough under section 36(1)(vii), provided it is a business debt previously included in income.

Is a provision for doubtful debts deductible?

No, for ordinary businesses. Only an actual write-off qualifies; banks and NBFCs have the specific provision deduction under 36(1)(viia).

What happens if I recover a written-off debt?

The recovery is taxable as business income under section 41(4) in the year received, even if the write-off year has passed.

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Sections: 36(1)(vii), 41(4), 36(1)(viia) · Last verified 2026-08-11 · Reviewed by Harun Raaj & Associates, Chartered Accountants. Every figure cites the Income-tax Act, 1961 (with ITA 2025 mapping via our section index).