Lokhandwala Kataria Construction Pvt. Ltd. v. DCIT (2023)104 ITR 84 (Mum) (Trib)

S. 37(1): Business expenditure-Insurance premium of director paid by Company-Not incurred wholly and exclusively for the purpose of business-Not allowable as deduction-Bogus purcahses-Entire bogus purchase cannot be added-Addition restricted to 12.5% of alleged bogus purchases.-Delay of 177 days was condoned. [S. 133(6), 254(1)]

Held that the insurance premium of director paid by Company was personal liability of directors. Not incurred wholly and exclusively for business, not allowable as deduction. As regards  disallowance of bogus purchases the disallowance was restricted to 12.5% of the alleged bogus purchases. Delay of 177 days in filing the appeal was condined considering the affidavit of taxation manager  .(AY .2010-11,  2011-12)