Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Surat District Co-op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Business expenditure-Reimbursement of medical expenses and tea allowances incurred by employees-Performance of their duties during banking hours-Allowable as deduction. [S. 37(1)]

Niteshkumar Maganbhai Patel. v. ITO (2023) 202 ITD 323 (Ahd) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment made in section 40(a)(ia) by Finance (No. 2) Act, 2014 is curative in nature-Disallowance under section 40(a)(ia) had to be restricted to 30 per cent instead of 100 per cent. [S.194C]

Balrajsingh Jagjitsingh Kharbanda v. ADIT, CPC, (2023) 202 ITD 433 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Club membership fee-One-time entry fee paid by individual assessee for club membership could not be allowed as business expenditure-Adjustment is affirmed-Only corporate membership one time membership fee is allowable. [S.143(1)(a)]

Niteshkumar Maganbhai Patel. v. ITO (2023) 202 ITD 323 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Business of civil construction- Labour charges-Failure to support evidence-Restricted to 50 per cent of labour expenses.

ACIT v. Gujarat State Road Development Corporation Ltd. (2023) 202 ITD 510 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Expenditures towards road and bridge construction Commercial expediency-Allowable as deduction allowable as deduction though no income shown during the year. [S. 145]

DCIT v. GMR Warora Energy Ltd. (2023) 202 ITD 501 (Mum) (Trib.)

S. 37(1) : Business expenditure-Community development expenses-Allowable as business expenditure.

Surat District Co.op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat) (Trib.)

S. 37(1) : Business expenditure-Gifts-Customers on occasion of new year and festivals-Allowable as business expenditure-Gifts given to directors and to government employees would not be allowed as expenses.

Surat District Co. op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)

S. 37(1) : Business expenditure-Shortfall in PF- its-statutory-liability towards Employees Provident Funds Act, payment made towards maintenance of statutory interest rate was an allowable expenditure. [Provident Fund Rules, 17]

Pawan Aggarwal v. DCIT (2023) 202 ITD 712 (Chd.)(Trib.)

S. 37(1) : Business expenditure-Diesel & petrol expenses-Ad-hoc disallowance-No fining that expenses are bogus-Addition is deleted.

Surat District Co-op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-Disallowance could not be made merely on ground that certain provision made by assessee were not in nature of bad and doubtful debts.