S. 40A(3) : Expenses or payments not deductible – Cash payments exceeding prescribed limits – Factory was situated in backward area and payments to transporters had to be made in cash because such persons were not having banking facility around factory area Freight and cartage payments to drivers-Held to be allowable as deduction .[ R.6DD ]
S. 37(1) : Business expenditure – Foreign education and training expenses of a partner –Held to be allowable as business expenditure as the post graduate course underwent was directly related to profession carried on by firm – Professional fee received by firm had substantially increased after completion of post graduate degree by said partner, several important contracts were secured by firm, which firm attributed to educational qualification and expertise acquired by said partner abroad .
S. 37(1) : Business expenditure –Capital or revenue- Manufacture of PVC and caustic soda and business of shipping , starting textile business- Abandoned project – Manufacture of New venture was managed from common funds, control over all business units and there was unity of control, it could not be said that pre-operative expenditure was incurred on a new line of business- Held to be allowable as revenue expenditure.
S. 37(1) : Business expenditure – Sales incentive was payable only after and when dealers had met sales figures from 1-4-2003 to 30-06-2004 in this period – Expenditure cannot be disallowed on the ground that it pertaining to earlier year.[ S.145]
S. 37(1) : Business expenditure – Provision for medical benefit of its employees post retirement –Held to be allowable.
S. 37(1) : Business expenditure – Provision for medical benefit of its employees post retirement –Held to be allowable.
S. 37(1) : Business expenditure –Security charges-merely for non filing of confirmation disallowances cannot be made-Order of Tribunal is affirmed .
S. 37(1) : Business expenditure – Capital or revenue- In view of fact that advanced technology software become obsolete within short intervals-Expenditure incurred on software expenses is held to be revenue expenditure.
S. 37(1) : Business expenditure –Commission payments made to agents who procured orders and themselves were made liable to recover price of goods sold by them – Held to be allowable as deduction.
S. 37(1) : Business expenditure – Software development -Provision towards liability for warranty for goods supplied was not crystalised during relevant year and it was merely provisional in nature-Not allowable as deduction.[ S.145 ]