S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Turnover tax-Liberty to assessee to prove that no deduction claimed for earlier assessment years-Direction to Assessing Officer to rectify assessment order. [S. 43B, Art. 136]
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Remuneration to director-Shortfall in tax deduction at source-No disallowance can be made-Proper course of action is invoke section 201 of the Act. [S. 37(1), 40A(2)(b), 197(1), 201]
S. 37(1) : Business expenditure-Expenditure prohibited by law-Amounts paid by Hospitals as referrals to Doctors-Not deductible-Interpretation of taxing statutes-Interpretation taking into account intention of legislature-Reassessment notice was quashed. [S. 147, 148, Art. 226, General Clauses Act, 1897, S. 2(38), Indian Penal Code, 1860, S. 43, Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, R. 6.8]
S. 37(1) : Business expenditure-Capital or revenue-Expenditure on improvements in leased premises to run fast food business-Allowable as revenue expenditure.
S. 37(1) : Business expenditure-Books of account and documents in custody of Central Bureau of Investigation-Assessing Officer has power and duty to requisition documents from another Public Authority-Disallowance of expenditure is not valid-Findings of Tribunal cannot be interfered with unless perverse or illegal. [S. 131, 260A]
S. 37(1) : Business expenditure-Capital or revenue-Owner of Hotel-Compensation paid towards termination of agreement to receive back possession of building, furniture and fixtures-Allowable as revenue expenditure.
S. 37(1) : Business expenditure-Pre-paid expenses or advance payments-Entitled to claim expenses in year in which incurred.
S. 37(1) : Business expenditure-Loss on foreign exchange forward contracts-Allowable as revenue expenditure.
S. 37(1) : Business expenditure-Capital or revenue-Expansion of existing business-Expenditure on setting up new unit-Expenditure on feasibility study-Loan Processing fee and bank charges-Revenue expenditure.
S. 37(1) : Business expenditure-Debenture at premium-Liability to be spread over period covered by debentures. [S. 145]