Decision of jurisdictional High Court is binding, even if contrary view held by non-jurisdictional High Courts It is well settled principle of law that if there is conflicting views rendered by different High Courts, the view taken by the jurisdictional High Court is binding in the jurisdictional area of the respective High Court. The Hon’ble […]
It is commonly seen that the assessees who have filed Income Tax Return along with Tax Audit Report are receiving notices from the Income Tax Department for making adjustment on the ground that payment of the employee’s contribution to specified funds made beyond the due date specified in the respective law and therefore would attract […]
A pure reimbursement doesn’t constitute a reward or compensation paid for a service rendered. Hence, a mere reimbursement of expenses cannot be construed as ‘royalty’ or ‘payments for services rendered’ since what is achieved by a reimbursement is a mere repayment of what has been already spent.
Reviewing the decision of Bombay HC on the deduction of taxes paid abroad in the context of the Income Tax Act, 1961.
Can A.O. could invoke section 41(1) on the pretext that liability has been long outstanding and the assessee is willingly not writing off the debts from its books? Section 41(1) is not applicable when the long outstanding liabilities have not been written off from books of accounts and continue to be reflected in the Balance […]
Bad debts are allowable expenses and it is not necessary for the assessee to establish that the debt has become irrecoverable Gone are the days when the the Assessing Officer would disallow the sum debited in the P&L account as non-recoverable sums written off as bad debts. The Assessing Officer cannot disallow the sum in […]
Books of Accounts of cannot be rejected without finding any specific defects in them The Revenue is bound to accept the authenticity of the accounts prepared with reference to the manner provided in section 128 r.w. section 129 of The Companies Act, 2013 and Income Computation and Disclosure Standards issued under section 145 of The […]
In this article, an effort has been made to contend that the cesses payable are a deductible expense under section 37(1) r.w. section 40(a)(ii) of the Income tax Act, 1961 (hereinafter referred to as the ‘Act’). It is well settled that the cess levied on indirect taxes is an allowable expenses and thereby the sole focus of the article lies on cess payable under the Income tax Act.
