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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


Penalty u/s. 271(1)(c) not leviable in case of debatable issue: ITAT Ahmedabad

December 16, 2024 1431 Views 0 comment Print

Thus, penalty is not warranted on issues where a substantial question of law exists, indicating that the matter is not free from doubt. Accordingly, we quash the penalty order under section 271(1) (c) of the Act.

No TDS Disallowance u/s 40(a)(i) due to lack of incriminating evidence in sec.153A assessment

December 13, 2024 1023 Views 0 comment Print

As a result, assessee was required to deduct TDS on payments made to Bemo. AO invoked Section 40(a)(i) for non-deduction of tax on Rs. 12,69,79,006, disallowing the deduction.

Proving debt become irrecoverable not required after 01.04.1989: ITAT Delhi

October 24, 2024 645 Views 0 comment Print

ITAT Delhi held that the assessee is not required to prove that a particular debt had become bad debt in order to claim deduction on account of bad debt written off pursuant to the amendment made u/s 36(1)(vii) of the Income Tax Act after 01.04.1989.

Bank’s Claim for non- rural bad debt write off u/s 36(1)(vii) was allowable without adjusted against provisions for bad and doubtful debts.

October 21, 2024 1293 Views 0 comment Print

Section 36(1)(vii) of ITA applied separately to non-rural debts, while Section 36(1)(viia) of the tax statute only applied to rural debts, making it clear that banks were entitled to claim both deductions, provided they pertained to different types of advances.

Deduction u/s. 36(1)(viia) is distinct from deduction u/s. 36(1)(viia): Bombay HC

October 14, 2024 2805 Views 0 comment Print

Bombay High Court held that the deduction on account of provision for bad and doubtful debts u/s. 36(1)(viia) of the Income Tax Act is distinct and independent of the provisions of section 36(1)(vii) of the Income Tax Act relating to allowance of the bad debts.

Disallowance u/s 14A was computed @ 0.5% of exempt income earned based on Rule 8D(2)(iii)

October 9, 2024 705 Views 0 comment Print

Assessee challenged the disallowance before the Chennai bench of ITAT arguing that the disallowance of Rs. 134.25 crore under Section 14A was excessive and not justified because only Rs. 74.98 lakh had been spent to earn the exempt income.

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

August 16, 2024 684 Views 0 comment Print

ITAT Delhi rules against Instronics Limited’s bad debt claim, asserting NBFC loan was merely fund transfer, upholding Rs. 53.11 lakh disallowance.

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

August 10, 2024 1848 Views 0 comment Print

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(A) dismissed the appeal. Being aggrieved, the present appeal is filed by the appellant.

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

July 25, 2024 462 Views 0 comment Print

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 Income Tax Act in respect of the long term finance provided by it for construction and purchase of houses in India for residential purpose.

ITAT allows deduction of CENVAT Credit written off

June 4, 2024 759 Views 0 comment Print

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

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