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section 36(1)(vii)

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Recent Judgements of Supreme Court on Income Tax Issues

Income Tax : Explore recent Supreme Court rulings (2023) on income tax issues. Highlights of key cases, analysis, and implications....

January 22, 2024 10020 Views 2 comments Print

Section 36 – Other Deductions | Income Tax Act, 1961

Income Tax : Section 36 – Other Deductions Section 36 of the Indian Income Tax Act, 1961, provides a list of explicit deductions for computin...

January 18, 2021 23697 Views 0 comment Print

Whether writing of bad debts in accounts sufficient to claim deduction U/s. 36(1)(Vii)?

Income Tax : The Delhi High Court, has held in CIT vs. Samara India(P) Ltd. (2013) 216 Taxman 93 , following the decision of Supreme Court in T...

June 28, 2020 59621 Views 1 comment Print

Deduction of Interest Expenses – Section 36(1)(iii) – Assessment – Legal Views

Income Tax : In this discussion, we would take up Section 36(1)(iii) of the Income Tax Act, 1961 and analyse the provision therein from all fa...

August 20, 2018 411789 Views 4 comments Print

Will CBDT look into the following and allow Government to amend the tax law?

Income Tax : ection 55 (2)(b) of the Income Tax Act, 1961 provides the option to the assesse to consider the fair market value of capital asset...

January 5, 2014 483 Views 0 comment Print


Latest Judiciary


ITAT rejects Bad Debt Claim in respect of Loan to related entity by NBFC

Income Tax : ITAT Delhi rules against Instronics Limited's bad debt claim, asserting NBFC loan was merely fund transfer, upholding Rs. 53.11 la...

August 16, 2024 99 Views 0 comment Print

Deduction u/s. 36(1)(viia) without provision for bad & doubtful debts in books not allowable: ITAT Hyderabad

Income Tax : The assessment was completed by Ld. AO u/s.143(3) of the Income Tax Act, 1961 determining total income at Rs.2,78,46,98,694/-. CIT...

August 10, 2024 417 Views 0 comment Print

Deduction u/s. 36(1)(vii) available to banks for providing long term finance for residential house: Kerala HC

Income Tax : Kerala High Court held that even after 01.04.2010, Bank would be entitled to the deduction envisaged u/s. 36(1)(viii) of the Incom...

July 25, 2024 150 Views 0 comment Print

ITAT allows deduction of CENVAT Credit written off

Income Tax : Delhi ITAT ruling favors G-Tekt India Pvt. Ltd., allowing deduction for CENVAT Credit written off. Detailed analysis of the case a...

June 4, 2024 234 Views 0 comment Print

ITAT upholds deletion of addition towards stale draft account

Income Tax : In the case of Karur Vysya Bank Ltd. vs. DCIT, ITAT Chennai rejects AO's disallowance of stale drafts, citing precedent and bankin...

May 30, 2024 414 Views 0 comment Print


Revisionary order u/s 263 without giving finding that profit declared is erroneous is untenable

October 21, 2023 219 Views 0 comment Print

ITAT Mumbai held that order passed u/s 263 of the Income Tax Act by merely remitting the matter back to AO without giving a finding that profit declared by assessee is erroneous in so far as it is prejudicial to the interest of the revenue is liable to be set-aside.

Initiation of re-assessment based on material already on record is bad-in-law

October 16, 2023 2055 Views 0 comment Print

Madras High Court held that initiation of proceedings for reassessment under section 147 of the Income Tax Act based on material already on record and without new/ tangible information is bad-in-law and liable to be quashed.

ITAT Delhi Upholds Disallowance of Bad Debt for Non-Business Activity

September 29, 2023 573 Views 0 comment Print

Read full text of ITAT Delhi order in Ajay Kumar vs. ACIT, where disallowance of bad debt was upheld as assessee was not involved in a real estate business

Addition u/s. 56(2)(viib) by rejection of valuation determined by assessee without referring to DVO unjustified

September 28, 2023 1050 Views 0 comment Print

ITAT Mumbai held that addition towards difference of share premium u/s. 56(2)(viib) of the Act by rejecting the valuation determined by the assessee without referring the matter for valuation to DVO is unjustified. Matter remanded for referring the same to DVO.

Loss due to embezzlement by employees allowable as deduction u/s 28

September 13, 2023 1917 Views 0 comment Print

ITAT Mumbai held that that loss arising due to embezzlement by the employees should be treated as incidental to the business such loss so suffered is allowable as deduction under section 28 of the Income Tax Act.

Section 36(1)(vii) doesn’t require to establish that debts have become bad before writing off

August 26, 2023 1890 Views 0 comment Print

ITAT Mumbai held that post amendment to provisions of section 36(1)(vii) of the Income Tax Act as effective from 1st April 1989, the Act does not require the assessee to establish that the debts have in fact become bad before writing off. Accordingly, addition with regard to disallowance of claim of write off of bad debts duly deleted by CIT(A).

Revisionary proceedings u/s 263 justified if no proper inquiry by AO

August 25, 2023 396 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s 263 of the Income Tax Act justified in absence of proper inquiry by AO which renders the assessment order erroneous as well as prejudicial to the interest of revenue.

Amount received mistakenly and returned back with interest is allowable as deduction u/s 37

August 20, 2023 750 Views 0 comment Print

ITAT Delhi held that amount which was mistakenly received and returned with interest by virtue of order of the Court is allowable as deduction under section 37 of the Income Tax Act.

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 555 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

ITAT Allows Deduction for NPS Bad Debts Declared Pre-01.04.2006 by Co-op Bank

July 28, 2023 564 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Mumbai dismisses the Revenue’s appeal and allows bad debts declared as Non Performing Assets (NPS) before 01.04.2006 as a deduction under section 36(1)(vii) of the Income Tax Act for Abhyudaya Co-op Bank Limited for AY 2012-13.

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