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Factors to be considered for deduction of expenditure from payment of Income Tax

Started by bpagrawal, June 30, 2013, 09:03:05 PM

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bpagrawal

Factors to be considered for deduction of expenditure from payment of Income Tax
In conclusion, we may state that in order to find out if an expenditure is deductible the following have to be taken into account (i) whether the system of accounting followed by the assessee is mercantile system, which brings into debit the expenditure amount for which a legal liability has been incurred before it is actually disbursed and brings into credit what is due, immediately it becomes due and before it is actually received; (ii) whether the same system is followed by the assessee from the very beginning and if there was a change in the system, whether the change was bona fide; (iii) whether the assessee has given the same treatment to losses claimed to have accrued and to the gains that may accrue to it; (iv) whether the assessee has been consistent and definite in making entries in the account books in respect of losses and gains; (v) whether the method adopted by the assessee for making entries in the books both in respect of losses and gains is as per nationally accepted accounting standards; (vi) whether the system adopted by the assessee is fair and reasonable or is adopted only with a view to reducing the incidence of taxation.

Supreme Court of India
Commissioner Of Income Tax, Delhi vs M/S Woodward Governor India P. ... on 8 April, 2009
http://www.lawweb.in/2013/06/factors-to-be-considered-for-deduction.html