S. 40(a)(ia): Amounts not deductible – Deduction at source – Principal to Principal- Supply of cellular mobile phones, benefit extended to distributors could not be treated as commission liable for withholding tax under S, 194H or u/s 194J of the Act . [ S.194H, 194J ]
S. 40(a)(ia): Amounts not deductible – Deduction at source – Interest other than interest on securities -Form 15G/15H- Procedural defects – Disallowance is held to be not justified .[ S.194A, Form No 15G/15H ]
S. 40(a)(ia): Amounts not deductible – Deduction at source – Provision for expenses – Specific provision ascertained amount – Liable to deduct tax at source [ S.37(1) 145 ]
S.37(1): Business expenditure – Referral fees – Hospital, paid referral fee to doctors for referring their patients to assessee’s hospital- Regulations of Indian Medical Council was not applicable to pharmaceutical company or allied health sector industries- Entitled to deduction
S.37(1): Business expenditure -Trade Price Protection (TPP) extended to distributors for reduction in prices of products having been incurred wholly and exclusively for business, would be allowable as revenue expenditure
S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Schedule bank -Not debited to profit and loss account – Rejection of claim is held to be justified .
S. 35AD: Deduction in respect of expenditure on specified business-Hotels- Section per se does not require any specific date of operation- Denial of exemption is held to be not valid .
S. 23 : Income from house property – Annual value -Remained vacant throughout relevant year -No addition can be made on account of notional rent . [ S.22 ]
S. 15 : Salaries – Business income – Commission – Commission from employer is liable to be taxed as business income – TDS was deducted as salary – Matter remanded to the AO to verify the expenses incurred for earning of commission income . [ S.28 (i)]
S. 14A : Disallowance of expenditure – Exempt income – Maintaining separate books of account – Matter remanded to CIT (A) [ R.8D ]