S.37(1): Business expenditure -Legal expenses – Merely because the payment was made cheque and TDS was deducted expenses cannot be allowed , in the absence of any documentary evidence connecting expenditure incurred for business auxiliary service with business of assessee.
S.37(1): Business expenditure- Professional fees paid to retired employees of assessee who were expert in this field is held to be allowable as deduction .
S.36(1)(iii): Interest on borrowed capital- Work in progress- Expansion of existing business – interest on capital work-in-progress representing amount incurred on installation of new towers, is held to be not allowable as deduction .Matter was seta side to AO to verify if investment was made from interest free funds no disallowances can be made .
S. 36(1)(iii) :Interest on borrowed capital -Interest on loan taken for renovation and modernisation of factory premises is allowable as deduction .
S.32: Depreciation- Lease premises -Notionally estimated cost and capitalised for restoration of office spaces for setting up of cell site towers – Depreciation is held to be not allowable [ S.43(1) ]
S.28(i): Business loss -Derivatives- loss at end of year on mark to market basis could not be disallowed on ground that same was contingent in nature [ S.37(1) ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Deduction allowed u/s 10A allowed before adjustment unabsorbed depreciation or losses is held to be valid- Revision was held to be not valid . [ S.10A ]
S. 245D : Settlement Commission -Broker – Search and seizure- Failure to substantiate that entire unaccounted income from seized documents did not belong to him in respect of off market commodity transactions and hedging transaction -Rejection of application was held to be justified [ S. 69A, 153A, 245C ]
S. 194C : Deduction at source – Contractors – Payments to contractor for purchase of land and not development of works carried out is not liable to deduct tax at source [ S. 201(1) 201(IA) ]
S. 151 : Reassessment – Sanction for issue of notice – After the expiry of four years- Approval was not obtained – Reassessment was held to be bad in law [ S.147, 148 ]