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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 37713 Views 3 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 26010 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 61472 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 434346 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 750 Views 0 comment Print


Latest Judiciary


Bad Debts Written Off Cannot Be Disallowed as Prior Period Expenses: ITAT Mumbai

Income Tax : Tribunal held that deduction for bad debts is allowable in the year in which the debts are actually written off in the books of ac...

May 22, 2026 102 Views 0 comment Print

ITAT Slams ‘Sweeping’ 263 Revision – PCIT Cannot Order Fishing Enquiries After Detailed Scrutiny by AO

Income Tax : Delhi ITAT held that revision under Section 263 cannot be invoked merely because the PCIT desires deeper investigation after detai...

May 19, 2026 150 Views 0 comment Print

Consistency Over Technicalities – ITAT Allows Actuarial Pension Provision & Rejects Mechanical Disallowances

Income Tax : Consistency over technicalities: ITAT Mumbai allowed actuarial pension provision as an ascertained liability, rejected mechanical ...

April 24, 2026 351 Views 0 comment Print

ITAT Bangalore: No Disallowance U/s 36(1)(iii) When Interest-Free Funds Exceed Advances-Revenue Appeals Dismissed

Income Tax : ITAT ruled that interest disallowance cannot be made when sufficient interest-free funds are available. The key takeaway is that a...

April 24, 2026 420 Views 0 comment Print

No TDS on Payment for serving food in restaurant in normal course of its business

Income Tax : ITAT Mumbai held that no TDS is liable to be deducted when payment is made for serving food in a restaurant in the normal course o...

March 28, 2026 780 Views 0 comment Print


Bad Debt Relief Under 36(1)(vii) Possible Despite 36(1)(viia) Disallowance: ITAT Cochin

August 11, 2025 696 Views 0 comment Print

ITAT Cochin has ruled that banks can claim a bad debt deduction under Section 36(1)(vii) even if their claim under Section 36(1)(viia) is disallowed. This is a crucial precedent.

Foreign exchange loss allowed as revenue expense: ITAT Mumbai

August 4, 2025 666 Views 0 comment Print

ITAT Mumbai held that consulting charges is revenue item and accordingly, foreign exchange loss arising thereon is allowable as revenue expenditure. Accordingly, appeal of revenue dismissed.

Grounds Not Raised Before CIT(A): ITAT Cochin Dismisses Appeal on Gratuity

May 14, 2025 543 Views 0 comment Print

ITAT Cochin dismisses Vellanikkara Service Co-op. Bank’s appeal regarding disallowance of gratuity provision, citing grounds not raised before CIT(A).

Section 115JB of Income Tax Not Applicable to Banking Companies: ITAT Bangalore

April 21, 2025 1170 Views 0 comment Print

ITAT Bangalore held that provisions of section 115JB of the Income Tax Act cannot be applied to assessee bank and consequently the tax on book profits (MAT) are not applicable to assessee bank. Accordingly, appeal of the assessee bank allowed.

TDS not deductible as no work performed by JV: ITAT Mumbai

April 1, 2025 1863 Views 0 comment Print

During the course of a survey, it was seen that the assessee had defaulted in deducting tax at source on interest paid to AGE Patel Joint Venture (JV) in Financial Year (FY) 2016-17 on Mobilisation advance and Machinery advance.

P.F. damages that are compensatory in nature are allowable as deduction u/s. 14B

January 23, 2025 2583 Views 0 comment Print

In the assessee’s own case for A.Y. 2001-02, the Co­ordinate Bench had upheld the CIT(A)’s decision to allow 40% of the damages under Section 14B of the Act as compensatory while treating the balance 60% as penal in nature and disallowing the same.

Additional Bad Debt Deduction Claim Allowed During Assessment: ITAT Mumbai

January 7, 2025 660 Views 0 comment Print

ITAT Mumbai held that additional claim of deduction of bad debts under section 36(1)(vii) of the Income Tax Act filed during the course of assessment other than filing a revised return is allowable. Accordingly, appeal of the assessee allowed.

No Need to Prove Bad Debt Once Written Off in books: ITAT Hyderabad

December 20, 2024 2307 Views 0 comment Print

AO on perusal of the details submitted by the assessee observed that the assessee could not prove the bad debts written off in its books of accounts are, in fact bad debts and irrecoverable with relevant evidences.

Fixed deposits that forms part of banking business is stock-in-trade: ITAT Surat

December 17, 2024 369 Views 0 comment Print

ITAT Surat held that the Fixed Deposits can be treated as stock-in-trade if it forms part of banking business. Further, held that deposits that forms part of banking business, write off such loss will be a loss arising in the course of carrying on banking business.

Loss on fixed deposit investments is capital loss: Telangana HC

December 17, 2024 570 Views 0 comment Print

Held that the deposits made by the assessee were in the nature of fixed deposit investments. Therefore, the loss suffered by the assessee when the bank went to liquidation is only a capital loss.

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