Additional Commissioner of Income Tax, Bhopal v. Kuber Singh Bhagwandas

PR. COMMISSIONER OF INCOME TAX, DELHI - 10 vs. INDIAN FARM FORESTRY DEVELOPMENT

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

…t clear that these are not exhaustive and the application of these principles may vary from case to case and will depend on the facts and circumstances of each case." 10. In Additional Commissioner of Income Tax, Bhopal Vs. Kuber Singh Bhagwandas (1979) 118 ITR 379 (FB), Full Bench of the Madhya Pradesh High Court had dealt with a factual situation wherein assessee had made donation to Chief Minister‟s Draught Relief Fund, which was claimed as an expenditure under Section 37 of the Act, being in the nature of expenditure incurred wholly and exclusively for the business of the assessee. Notwithstanding…

PR. COMMISSIONER OF INCOME TAX, DELHI-10 vs. M/S INDIAN FARM FORESTRY DEVELOPMENT

…t clear that these are not exhaustive and the application of these principles may vary from case to case and will depend on the facts and circumstances of each case." 10. In Additional Commissioner of Income Tax, Bhopal Vs. Kuber Singh Bhagwandas (1979) 118 ITR 379 (FB), Full Bench of the Madhya Pradesh High Court had dealt with a factual situation wherein assessee had made donation to Chief Minister‟s Draught Relief Fund, which was claimed as an expenditure under Section 37 of the Act, being in the nature of expenditure incurred wholly and exclusively for the business of the assessee. Notwithstanding…

M/S LOESCHE INDIA PVT. LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal is allowed

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2010-11

…of Government servants. The Income-tax Act, 1961, recognises this trend and has provided for superannuation funds for the benefit not only of the employees but also of their widows. (e) Additional Commissioner of Income tax vs. Kuber Singh Bhagwandas [1979) 118 ITR 379 (MP)(FB) the Court In this case the Court held that to decide whether a payment of money or incurring of expenditure is for the purpose of the business and an allowable expenditure, the test applied is of commercial expediency and principles of ordinary commercial trading. If the payment or expenditure is incurred to facilitate the carrying on of…