S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Examination fees from students-Foreign Universities-Directly remitted to the Universities-Not to be treated as technical services-Not liable to deduct tax at source-DTAA-India-UK-Switzerland. [S. 9(1)(vi), 90, 195, Art. 13]
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Reimbursing salary of expatriates to foreign companies-not a fee for technical services-Disallowance not justified. [S. 9(1)(vii), 195]
S. 37(1) : Business expenditure-Commission-Consignment agents-Government departments-Allowable as deduction. [S. 147, 148]
S. 37(1) : Business expenditure-Coal handling charges-Matter remanded-Delay of 1234 days in filing the appeal was condoned. [S. 40(a)(ia) 254(1)]
S. 37(1) : Business expenditure-Commission payment-Consultancy charges-TDS was deducted-Payment by account cheque-Failure to provide the nature of service rendered-Disallowance of payment was affirmed.
S. 37(1) : Business expenditure-Commission-Documents produced-Direct nexus between commission paid and income generated-Even in the absence of any agreement with the commission agent, simply introducing or referring potential customers the commission payment is allowable as deduction.
S. 37(1) : Business expenditure-Capital or revenue-Product development expenses-Allowable as revenue expenditure-Provision for customer claims-Matter restored to Assessing Officer to examine claim in accordance with principles laid down by Supreme Court-Provision for bad and doubtful debts–Matter restored to Assessing Officer.
S .37(1) : Business expenditure-Short fall in inventory written off-Allowable as deduction-Purchase of tools allowable as revenue expenditure-Provision for warranty-Allowable as deduction-Lability for erection and commissioning placed upon shoulders of assessee-Provision at rate of one per cent. to three per cent. determined on basis of past experience-Matter remanded to the Assessing Officer. [S. 28(1)]
S. 37(1) : Business expenditure-Prior period expenses-Payments were made when actual bills received after crystallisation of expenditure-Allowable as deduction. [S. 145]
S. 37(1) : Business expenditure-Additional payment to avoid litigation-Deduction not claimed-Disallowance is not warranted.