S. 37(1) : Business expenditure—Foreign exchange fluctuation loss—department accepting that assessee had commenced its business in earlier year—Denial of claim on reason that no business commenced for instant year not justified.
S. 37(1) : Business expenditure—Foreign exchange fluctuation loss—department accepting that assessee had commenced its business in earlier year—Denial of claim on reason that no business commenced for instant year not justified.
S. 37(1) : Business expenditure—Provision for warranty-Not justified in disallowing the expenses.
S. 37(1) : Business expenditure—Labour charges—All details of labourers including addresses and permanent account numbers available with authorities but not verified—Assessee deducting tax at source from payment of labour charges to labourers—late deduction of tax at source—Not a basis for making disallowance.
S. 37(1) : Business expenditure—Prior period expenditure— Invoice received and payment made in April 2009—Amount crystallized during year cannot be treated as prior period item.
S. 37(1) : Business expenditure—Expenditure on purchase of Indian premier league cricket match tickets to distribute amongst long standing customers to improve its business relations—akin to distribution of gifts or articles on special occasions to customers —Deductible.
S. 37(1) : Business expenditure-Sale of goods through e-commerce at less than cost price-transaction bona fide-loss created due to predatory pricing not capital expenditure.
S. 36(1)(iii) : Interest on borrowed capital—Part of interest capitallised and transferred to pre-operative expenses— Disallowance again on interest amounts to double deduction — Addition to be deleted.
S. 32 : Depreciation-Block of assets-No requirement that business use of each of assets of block to be seen and examined and depreciation to be allowed only in respect of assets used. [S.2(11), 50]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Supply of equipment-sale from outside India-Risk and title transferred outside India and no transaction taking place in India-Customs clearance, inland transportation done by buyer on its own-No permanent establishment involved in sale–Income is not taxable in India-DTAA–India–Japan [S. 44D, Art. 7, 24]
S. 2(22)(e) : Deemed dividend-Advance to shareholders— Interrelated group concerns—Advances given by one concern to another concern to tide over short-term financial deficiency to be treated as commercial expediency—Amount given not in nature of any loans or advances to assess as deemed dividend.