Relevant Sections:
Section 37(1): (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head “Profits and gains of business or profession“. [RELEVANT EXTRACT – EMPHASIS ADDED]
Section 40(a)(ia): Notwithstanding anything to the contrary in sections 30 to 38, the following amounts shall not be deducted in computing the income chargeable under the head “Profits and gains of business or profession”,—
(ia) any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services payable to a resident, or amounts payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which tax is deductible at source under Chapter XVII-B and such tax has not been deducted or, after deduction, has not been paid on or before the due date specified in sub-section (1) of section 139.[RELEVANT EXTRACT]
Brief Facts:
1. The appellant files its return of income for the relevant assessment year under consideration declaring a loss and filed a revised return too, declaring the same.
2. The appellant’s case went under scrutiny assessment and order under section 143(3) was passed by the Assessing Officer, disallowing the following expenditure:
