section 37(1)

Section 37: Fees paid for enhancement of authorized capital; revenue or capital expense??

Income Tax - This article is about one of the most important things which came out in terms that how to treat fees paid for enhancement of authorized capital to Registrar of Companies. Will it be a revenue expenditure or capital expenditure? Before starting it up and finding the answer let's just start it with what is Section 37 of the Income Tax Act,...

Whether Inaugural Expenses Deductible Under Section 37 (1)

Income Tax - Many times reference has been sought regarding the question whether inaugural expenses incurred by a person are deductible under section 37(1) or not while computing the profits & gains from business or profession (of that person)....

Claim of deduction of Loss Due to Dacoity, Theft, Embezzlement, etc., as Business Loss

Income Tax - The losses occurring to an assessee due to dacoity, theft or embezzlement, etc., may be claimed as deductible while making the income chargeable to income-tax under the head profits and gains of business or profession under section 28. The loss by theft is not covered by section 10(2) (xv) of the Income Tax Act, 1922...

Whether Inaugural expenses deductible Under Section 37(1)

Income Tax - In CIT vs. Nirlon Synthetic Fibres & Chemicals Ltd. (1982) 137 ITR 1 (Bom) it was observed that expenditure incurred on inauguration ceremony of factory is a compelling necessity in modern times, it is a formality which an assessee has to incur after the business is set-up therefore it is an allowable deduction in terms of section 37(1)....

Making Chargeable to Tax U/s. 41(1) of Allowance/Deduction Already Made

Income Tax - The Supreme Court in CCIT vs. Kesaria Tea Co. Ltd. (2002) 20 SITC 172 (SC) has laid down that the resort to section 41(1) can be taken only if the liability of the assessee can be said to have ceased finally and there is no possibility or reviving it. Also, it has held that an unilateral action on the part of the assessee by way of writin...

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Compounding Fee paid to Legal Metrology Dept is allowable expense

Ocean Agro Vs DCIT (ITAT Ahmedabad) - Ocean Agro (India) Ltd. Vs DCIT (ITAT Ahmedabad) A short issue before us is, whether compounding fees expended by the assessee is compensatory in nature, and allowable expenditure under section 37(1) or not. We find that Explanation 1 appended to section 37(1) of the Income Tax Act prohibits allowa...

Loan sourcing fees paid is allowable as revenue expenditure

Dy. CIT Vs Citicorp Maruti Finance Ltd. (ITAT Mumbai) - Brief facts are, the assessee a non–banking finance company (NBFC) is engaged in hire, purchase, finance and loan business. For the assessment year under dispute, the assessee filed its return of income on 31-10-2007, declaring loss of Rs. 12,06,02,070. ...

Expenditure on issue of FCCB allowable as revenue expense

Dy. CIT Vs Reliance Natural Resources Ltd. (ITAT Mumbai) - FCCB is akin to borrowings made by issuing debentures and both of them are different types of debt instruments only. Accordingly it was held in the case of Prime Focus Ltd. (supra), that the expenses incurred in connection with FCCB are revenue in nature. ...

Compounding fee for permissible deviation of building plan is allowable

Keerthi Estates (P) Ltd. Vs. Dy. CIT (ITAT Hyderabad) - Keerthi Estates (P) Ltd. Vs. DCIT (ITAT Hyderabad) The assessee has paid compounding fine to regularize the building plan. The payment of such compounding fine is penalty in the nature of an offence or which is prohibited by law. We have noticed that the decision on this count is divided among the v...

Compensation paid for loss to clients due to negligence of employees of assessee is allowable expense

Ashwani Financial Services (P.) Ltd. Vs. JCIT (ITAT Amritsar) - Circular No. 35 issued by Board clearly states the losses arising due to negligence of employees has to be allowed as expense if the loss took place in the normal course of the business and the amount involved was necessarily kept for the purpose of business. In the present case, the losses were nec...

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Recent Posts in "section 37(1)" | Total 36 Posts

Compounding Fee paid to Legal Metrology Dept is allowable expense

Ocean Agro Vs DCIT (ITAT Ahmedabad) -

Ocean Agro (India) Ltd. Vs DCIT (ITAT Ahmedabad) A short issue before us is, whether compounding fees expended by the assessee is compensatory in nature, and allowable expenditure under section 37(1) or not. We find that Explanation 1 appended to section 37(1) of the Income Tax Act prohibits allowance of any expenditure, if it was incurr...

Section 37: Fees paid for enhancement of authorized capital; revenue or capital expense??

This article is about one of the most important things which came out in terms that how to treat fees paid for enhancement of authorized capital to Registrar of Companies. Will it be a revenue expenditure or capital expenditure? Before starting it up and finding the answer let's just start it with what is Section 37 of the Income Tax Act,...

Posted Under: Income Tax | Articles

Loan sourcing fees paid is allowable as revenue expenditure

Dy. CIT Vs Citicorp Maruti Finance Ltd. (ITAT Mumbai) -

Brief facts are, the assessee a non–banking finance company (NBFC) is engaged in hire, purchase, finance and loan business. For the assessment year under dispute, the assessee filed its return of income on 31-10-2007, declaring loss of Rs. 12,06,02,070. ...

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Mumbai

Expenditure on issue of FCCB allowable as revenue expense

Dy. CIT Vs Reliance Natural Resources Ltd. (ITAT Mumbai) -

FCCB is akin to borrowings made by issuing debentures and both of them are different types of debt instruments only. Accordingly it was held in the case of Prime Focus Ltd. (supra), that the expenses incurred in connection with FCCB are revenue in nature. ...

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Mumbai

Compounding fee for permissible deviation of building plan is allowable

Keerthi Estates (P) Ltd. Vs. Dy. CIT (ITAT Hyderabad) -

Keerthi Estates (P) Ltd. Vs. DCIT (ITAT Hyderabad) The assessee has paid compounding fine to regularize the building plan. The payment of such compounding fine is penalty in the nature of an offence or which is prohibited by law. We have noticed that the decision on this count is divided among the various courts. The […]...

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Hyderabad

Compensation paid for loss to clients due to negligence of employees of assessee is allowable expense

Ashwani Financial Services (P.) Ltd. Vs. JCIT (ITAT Amritsar) -

Circular No. 35 issued by Board clearly states the losses arising due to negligence of employees has to be allowed as expense if the loss took place in the normal course of the business and the amount involved was necessarily kept for the purpose of business. In the present case, the losses were necessarily incurred in the normal course o...

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Amritsar

Whether Inaugural Expenses Deductible Under Section 37 (1)

Many times reference has been sought regarding the question whether inaugural expenses incurred by a person are deductible under section 37(1) or not while computing the profits & gains from business or profession (of that person)....

Posted Under: Income Tax | Articles

Expenses not allowable on Failure to prove that it was incurred for business purpose

Kanhaiyalal Dudheria Vs Jt. CIT (ITAT Bangalore) -

These are appeals filed by the assessee-firm directed against the common order of the Commissioner (Appeals), Gulbarga, dated 29-1-2016 for the assessment years 2011-12 and 2012-13. Since common issue is involved in both the appeals, we proceed to dispose of the same by this common order....

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Bangalore

Income tax withheld abroad in respect of which no foreign tax credit is admissible, cannot be allowed U/s. 37(1)

Dy. Commissioner of Income Tax Vs Elite core Technologies Private Limited (ITAT Ahemdabad) -

These cross appeals are directed against the order dated 29th December 2015 passed by the CIT(A) in the matter of assessment under section 143(3) of the Income Tax Act, 1961, for the assessment year 2012-13. Both of these appeals are being disposed of, as a matter of convenience, by this consolidated order....

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Ahmedabad

Allowability of Loss on sale of shares of wholly-owned subsidiary

Apollo Tyres Ltd. Vs. ACIT (ITAT Cochin) -

In the case of Apollo Tyres Ltd vs. ACIT , ITAT Cochin held that The loss on sale of shares of a wholly-owned subsidiary is allowable under Section 37(1) of Income Tax Act, 1961 as a business loss if the investment in the subsidiary was made for commercial purposes....

Posted Under: Income Tax | Judiciary | All ITAT, ITAT Cochin