Tag: disallowance u/s 37(1)
Commission paid to represent assessee before govt agencies for getting work held not an offence u/s 37(1) – ITAT Judgment ABCAUS Case Law Citation: ABCAUS 2447 (2018) 08 ITAT The instant appeal by the assessee was directed against the order of CIT(Appeals) in confirming inter alia the disallowance …
RBI penalty for clerical mistakes not disallowable u/s 37. The genuine clerical mistake cannot be treated as an offense under the Banking Regulations Act – ITAT ABCAUS Case Law Citation ABCAUS 2364 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of the …
Deduction for Penal excise was allowed u/s 37 as it was paid in discharging contractual obligation to indemnify department for violating terms of affidavit ABCAUS Case Law Citation: ABCAUS 2222 (2018) (02) HC The respondent assessee was engaged in the business of manufacturing and its sale. An intending …
Destruction of Pan Masala stock on court’s order due to impermissible limits of magnesium carbonate disallowed u/s 37(1) being prohibited by law and not incurred for the purpose of business – ITAT ABCAUS Case Law Citation:ABCAUS 2124 (2017) (11) ITAT The Challenge/Grievance:The instant appeal was filed by …
Penalty for late filing VAT return-balance sheet held non compensatory and disallowed as per Explanation -1 to section 37 as penalty for infraction of law ABCAUS Case Law Citation: ABCAUS 2113 (2017) (11) ITAT Important Case Laws Cited/relied upon by the parties: Swadeshi Cotton Mills Ltd. vs. CIT, …
Legal expenses to defend writ filed to quash mining lease of the company are revenue expenditure not capital expenditure and deduction is allowable u/s 37 of the Income Tax Act, 1961 – High Court ABCAUS Case Law Citation: ABCAUS 2021 (2017) (08) HC The Substantial Question of …
Disallowance u/s 37 for legal fee paid in excess of damages received in the relevant case deleted. Profit in immediate proximity not a basis of disallowance – High Court ABCAUS Case Law Citation: ABCAUS 2019 (2017) (08) HC The Grievance: The appellant revenue had filed the instant …
Secretive commission payment not allowable us 37(1). It was in the nature of bribe to procure business which is prohibited under explanation to Section 37(1) ABCAUS Case Law Citation: ABCAUS 1221 (2017) (04) ITAT The Grievance: The appellant assessee was aggrieved by the order passed by the Commissioner …
Detention and Demurrage Charges disallowance us 37(1) deleted as they represented contractual charges paid for delay in loading/unloading of material and are part of normal business activities-ITAT ABCAUS Case Law Citation: 1042 (2016) (10) ITAT Brief Facts of the Case: The appellant Revenue in the present case, among …
