S. 37(1) : Business expenditure-Chartered Accountants firm-Payment of subscription fees and reimbursement of its share to international group entity-Allowable as deduction-Criminal complaint filed against partner of firm related business of firm-Professional fees paid towards defending suit in the name of partner-Allowable as business expenditure.
S. 37(1) : Business expenditure-Power and fuel expenses-No defect in books of account-Financial statement audited-Ad Hoc Disallowance is held to be not justified. [S. 145]
S. 36(1)(va) : Any sum received from employees-Employees’ contribution to provident fund and employees’ state insurance corporation-Delay in depositing-Deduction allowable. [S. 37(1)]
S. 36(1)(iii) : Interest on borrowed capital-Fresh loan taken for repaying loan taken earlier-Interest paid on fresh loan allowable as deduction.
S. 32 : Depreciation-Temporary discontinuance of business-Lull in the business-New assets acquired during the year-Depreciation allowable.
S. 32 : Depreciation-Car parked at premises of managing director-Gym Equipment-Depreciation cannot be disallowed on the ground that it was used by the managing director.
S. 32 : Depreciation-Computer software-Intangible asset-Entitle to depreciation at 60%.
S. 11 : Property held for charitable purposes-Running Hospital, Pharmacy and Diagnostic Centre-Maintaining separate books of account-Receiving subsidies from Government-Denial of exemption was not justified. [S. 2(15), 12AA, 13]
S. 11 : Property held for charitable purposes-No changes in the nature of activities-Principle of consistency should be followed-Mutuality-Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous. [S. 2(15) 12, 12A, 13]
S.147: Reassessment – After the expiry of four years – Change of opinion – Subsidy – Provision for expenses – Query raised during assessment proceedings – Reply filed – It is not necessary that the assessment order should contain reference or discussion in the assessment order -Order was quashed – Court observed that the order of disposal of objections in to 21 pages and referring 68 case laws without referring the issue under consideration – Faceless Assessing Officer has only wasted his time in writing unsustainable order on objections . [ S. 4, 37(1)), 143(3), 148 ,Art , 226 ]