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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


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

September 13, 2023 3699 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 2463 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 606 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 1014 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 900 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 891 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.

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

June 7, 2023 1617 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 2301 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 2232 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 2280 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.

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