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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


Deeming fiction of section 50C doesn’t apply in case of purchaser

June 7, 2023 1329 Views 0 comment Print

ITAT Indore held that the deeming fiction created in section 50C cannot be extended to the provision of section 69 or 69B or any other of the Act in the case of purchaser to make the purchaser liable for tax.

Deduction towards bad debts written off available as part of sales amount not received

May 25, 2023 1164 Views 0 comment Print

ITAT Delhi held that assessee would be entitled for deduction on account of bad debts written off as part of the sales amount is not received.

Disallowance u/s 36(1)(iii) unsustainable as advance given during normal course of business

May 21, 2023 1806 Views 0 comment Print

ACIT Vs Hotel Ishika (ITAT Raipur) ITAT Raipur held that the interest expenditure corresponding to the advances that was given in the normal course of business could not have been disallowed under section 36(1)(iii) of the Income Tax Act. Facts- Post completion of original assessment, as is discernible from record, the A.O on the basis […]

Proviso to section 36(1)(vii) cannot be applied for disallowing deduction claimed on bad debts relating to non-rural advances

May 18, 2023 1809 Views 0 comment Print

ITAT Bangalore held that when the proviso to section 36(1)(vii) applies to bad debts written off relating to rural advances, the same cannot be applied for disallowing deduction claimed on account of write off of bad and doubtful debts relating to nonrural/urban advances.

Bad debts relating to non-rural branches are allowable u/s 36(1)(vii)

May 18, 2023 978 Views 0 comment Print

ITAT Bangalore held that bad debts relating to non-rural branches are allowable under section 36(1)(vii) of the Income Tax Act.

Benefit of deduction of 7.5% of total income available to co-operative banks u/s. 36(1)(viia)

May 18, 2023 1308 Views 0 comment Print

ITAT Cochin held that benefit of deduction of 7.5% of the total income is available to co-operative banks under clause (viia) of section 36(1) of the Income Tax Act.

Reopening based on assessment record without tangible material is unsustainable

April 27, 2023 2136 Views 0 comment Print

Gujarat High Court held that re-opening sought on the basis of assessment record without any fresh tangible material is unsustainable in law.

Addition based on third person statement without giving any opportunity to cross examine is untenable

April 27, 2023 5268 Views 0 comment Print

ITAT Kolkata held that addition based on such retracted statement of third person and that too without giving any opportunity of cross examination to the assessee deserves to be deleted.

Interest on borrowed funds allowable u/s 36(1)(iii) as funds used wholly and exclusively for business

April 17, 2023 2355 Views 0 comment Print

ITAT Mumbai held that once it is established that the funds are used wholly and exclusively for the purpose of business interest paid on such borrowed funds is allowed u/s. 36(1)(iii) of the Income Tax Act.

Interest paid on borrowing for carrying out business of investing in shares is allowable expenditure

March 27, 2023 7743 Views 0 comment Print

ITAT Bangalore held that business of the assessee is to invest in shares and that the borrowing was for the purpose of business. Accordingly, interest paid on such borrowing is allowable under section 36(1)(iii) of the Income Tax Act.

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