S. 43B : Certain deductions on actual payment–Payment of interest on delayed payment of custom duty is part of duty– Allowable as deduction in the year of payment. [S. 37(1)]
PCIT v. M. J. Export Pvt. Ltd. (Bom)(HC), www.itatonline.orgS. 43B : Certain deductions on actual payment–Payment of interest on delayed payment of custom duty is part of duty– Allowable as deduction in the year of payment. [S. 37(1)]
PCIT v. M. J. Export Pvt. Ltd. (Bom)(HC), www.itatonline.orgS. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits – During assessment proceedings, assessee submitted revised accounts showing all payments below Rs .20000 – Not accepted by any lower authority–Held, assessee failed to substantiate its claim – Held, no substantial question of law. [S. 260A]
Nangal Spun Pipe Co. (P) Ltd. v. CIT (2019) 177 DTR 393/ 108 taxmann.com 127 / 266 Taxman 8 ( Mag)/ 308 CTR 751 (P&H)(HC)S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable–Agreement between assessee and related partnership firm in which one director had substantial interest –Expenditure disallowed in absence of genuineness of the transaction. [S.40A(2)(b)]
Patterson & Co. (P.) Ltd. v. Dy. CIT (2019) 179 DTR 193 / 105 taxmann.com 150 (Mad.)(HC)S. 37(1) : Business expenditure–Liquidated damages- Compensation for breach of contract where penalty stipulated– section covers cases where amount paid in case of breach– Liability crystallized and cannot be contingent in nature- Allowable as deduction. [Indian Contract Act, 1872, S. 73, 74]
PCIT v. Atos India P. Ltd. (2019) 179 DTR 41 / 104 CCH 605 (Bom.)(HC)S. 37(1) : Business expenditure–Setting up of business– Preliminary steps taken including appointment of key personnel to setting up main substantial commercial venture–Linkage between preliminary steps and ultimate activity maybe a relevant factor and assessee’s claim for deduction would be allowed.
Indian Railway Stations Development Corporation Ltd. v. PCIT (2019) 178 DTR 425 / 107 taxmann.com 79 / 265 Taxman 11 (Mag)/ (2020) 314 CTR 271 (Delhi.)(HC)S. 37(1) : Business expenditure-Scientific Research–No weighted deduction claimed of actual expenses–Deduction allowable as business expenditure. [S. 35(1)(ii)]
CIT v. The Tamil Nadu State Transport Corporation (Madurai) Ltd (2019) 179 DTR 161 / 104 CCH 608 (Mad.)(HC)S. 37(1) : Business expenditure-Interest–Front end fees paid to bank for obtaining loan forms part of interest as defined – Expenditure towards front end fees paid is treated as revenue in nature- Matter remanded. [S. 2(28A), 35D(1)]
CIT v. Kesoram Industries Ltd (2019) 179 DTR 49 / 104 CCH 437/ (2020) 268 Taxman 446 (Cal.)(HC)S. 37(1) : Business expenditure–advertisement expenses need not be debited to the capital work in progress when assessee follows completed contract method. [S. 145]
CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)S. 37(1) : Business expenditure–amount paid to the allottees of flat for surrendering of their right therein is revenue in nature and is for the purpose of the business–such expenditure cannot be added to the cost of the stock but is an extraordinary item. [S. 145]
CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)S. 36(1)(iii) : Interest on borrowed capital–interest free advance given to associates for the assessees’s business–Held, no disallowance required.
CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)