Landmark Cases on Business Income and Deductions

Compensation received for the delay in the procurement of a capital asset is a capital receipt. However, the portion of compensation relating to erection, construction, and other duties is treated as a revenue receipt assessable in the hands of the assessee.

If an assessee does not claim any exempt income during an assessment year, no disallowance under Section 14A of the Income-tax Act for expenditure incurred in relation to such income can be made.

The approval of an in-house R&D centre through Form 3CM is the primary document for claiming weighted deduction under Section 35(2AB) for scientific research expenditure. The case clarifies the significance of this form and the role of the prescribed authority (DSIR) in the approval process.

Deduction under Section 80-IA or 80-IB is computed by setting it off against the gross total income to arrive at the total income of an assessee.

Interest disallowance under section 36(1)(iii) is not valid if the assessee has sufficient interest-free funds and no direct nexus is established between borrowed funds and construction work-in-progress (CWIP).

Disallowance of expenditure under Section 14A for earning income not forming part of total income, such as dividend or interest, requires a clear nexus between the funds utilized and the exempt income.

A trading liability acknowledged and continued to be shown in the balance sheet cannot be treated as cessation of liability under Section 41(1) merely because it remained outstanding for several years, unless the assessee has written it off in its books. The Assessing Officer must prove that the assessee obtained a benefit.

When undisclosed purchases are detected, the addition to income should be restricted to the estimated gross profit margin on such purchases, considering industry standards and the assessee's own gross profit rate, rather than the entire value of the purchases.

For banks, the computation of bad debt allowance under sections 36(1)(vii) or 36(1)(viia) must be restricted to only incremental advances, rejecting broader interpretations by tax authorities.

Disallowance under Section 14A cannot be made if the assessee has not received any exempt income during the relevant assessment year. The mere possibility of earning exempt income does not trigger disallowance.

Employees' contributions to provident fund and ESI must be deposited by the due date prescribed under the respective welfare legislations (e.g., within 15 days of the month-end salary payment) for a deduction under section 36(1)(va) of the Income-tax Act. Failure to do so results in disallowance, even if the deposit is made before the due date for filing the income tax return under section 139(1).

The disallowance under Section 14A read with Rule 8D, particularly Rule 8D(iii) for administrative expenses, should only consider investments that have actually yielded exempt income during the relevant assessment year. Section 14A empowers the Assessing Officer to determine expenditure related to income not forming part of total income.

Royalty paid for the non-exclusive use of patents and designs under a limited-period license, where payment depends on production and no rights are transferred, is revenue expenditure. Such expenditure enables efficient business operation without creating an enduring capital advantage.

The transformation of bulk powder into regulated, consumable capsules constitutes manufacturing under the definition provided in various statutes, qualifying for associated tax benefits and deductions.

Section 80-IB of the Income Tax Act requires profits and gains to be derived from any business of an industrial undertaking, not necessarily a direct nexus between the industrial undertaking's activity and the profits.

A mere lower gross profit (G.P.) rate or deviation in G.P. is not sufficient to justify a trading addition or the rejection of books of account if the books are maintained properly, entries are vouched, and stock positions are not disputed. The estimation of profit must rely on cogent material beyond mere suspicion.

A business loss arising from employee embezzlement or fraud is deemed to have occurred only when the employer becomes aware of it and realizes that the embezzled amounts cannot be recovered.

The nature of the activity giving rise to income is fundamental in determining the deductibility of expenses. Interest on loans for acquiring properties held as current assets is a deductible business expenditure if incurred for business purposes.

Expenditure incurred for business exigency is allowable as a deduction under Section 37 of the Income Tax Act. Litigation expenses incurred to protect business are revenue expenditure.

Section 44AB (tax audit) does not apply where the assessee is not engaged in a business or profession and consequently has no income under the head 'profits and gains from business or profession'.

Sponsorship expenditure, when akin to advertisement expenses, constitutes revenue expenditure and is allowable as a business deduction under the Income-tax Act.

Sales tax exemptions granted to attract capital investment are not intended to provide benefits for the day-to-day functioning of a business.

Expenditure incurred by a company for the purpose of its business, including expenses to fulfill statutory legal obligations or those related to an erstwhile business post-transfer, is allowable as revenue expenditure under Section 37 of the Income-tax Act.

When computing profits of an eligible unit for tax incentives, profits attributable to marketing and R&D activities carried out outside the eligible unit should not be demarcated or excluded. The re-computation of deductions under tax holiday sections is justified only when there is an arrangement to earn more than ordinary profits.

Expenditure incurred to eliminate competition can be capital in nature, even if it is not simultaneous with the acquisition of a business. The enhancement of lease rent attributable to the elimination of competition is considered capital expenditure.

Expenses incurred after a business has been set up but before its actual commencement are allowable as business deductions under section 37 of the Income-tax Act. The Supreme Court clarified that even expenses related to activities at a preparatory stage are admissible.

This case lays down a crucial test to distinguish between revenue expenditure (current repairs) and capital expenditure. Expenditure is considered revenue if its object is to preserve and maintain an existing asset without bringing a new asset into existence or obtaining a new or fresh advantage.

The process of duplicating computer discs by recording software on a blank disc amounts to ‘manufacture’ for the purposes of income tax law.

Disallowances of expenses cannot be made based on mere suspicion or unsubstantiated statements of higher expenses; tangible evidence is required to justify additions.

An assessee's consistently followed accounting method, if previously accepted by the Department, cannot be rejected by the tax authorities unless they establish that it distorts the true profits. The doctrine of consistency applies.

Expenditure is laid out wholly and exclusively for the purposes of trade or business when it is incurred by the assessee as incidental to their trade, for the purpose of keeping the trade going and making it pay, and not in any other capacity than as a trader.

The expression 'expenditure' under Section 37(1) of the Income Tax Act can include an amount that is a 'loss' even if it has not been paid out by the assessee.

When an assessee provides interest-free advances, no disallowance of interest on borrowed capital under section 36(1)(iii) can be made if it is established that the advances were funded from the assessee's own available funds and not from borrowed funds.

The Supreme Court holds that indirect taxes paid in the course of business are admissible as business expenditure under Section 37(1). Additionally, compensatory interest incurred on delayed payment of such indirect taxes is also allowable as a business expenditure.

The activity of controlling, managing, administering, and financing companies, including purchasing shares for acquiring controlling interest and not just for dividends, constitutes a business or vocational activity. Therefore, income derived from such activities is considered business income.

Income derived from the sale of scrap generated during the manufacturing process is eligible for deduction under sections 80IB and 80IC of the Income Tax Act, 1961.

When determining whether an assessee is carrying on business, courts formulate tests, including whether the initial acquisition of the subject-matter of a transaction was with the intention of dealing in the item or with a view to investment. The cumulative effect of several factors must be considered, not just isolated ones.

When a disallowance under section 40(a)(ia) of the Income-tax Act increases the profit of the assessee, deductions under Chapter VIA of the Act should be allowed on this enhanced profit.

An assessee can claim the benefit of telescoping, where expenses are allowed to be set off against income determined on account of bogus purchases or other additions, to avoid double addition. Reliance can be placed on seized materials for making additions even if partners were not examined.

Penalties paid for deviation in implementation of KYC-AML guidelines by a bank are not deductible as a business expense if they are penal in nature for violation of law.

Expenditure incurred wholly and exclusively for the purpose of business is deductible, even if it is unremunerative or does not yield an immediate profit. The absence of a corresponding receipt does not negate the deductibility of such an expense.

Exemptions from sales tax, when provided as an incentive for investment, are not intended to benefit the day-to-day functioning or profitability of a business.

The exceptions provided under Rule 6DD to the disallowance provisions of Section 40A(3) are not applicable when the genuineness of expenses is doubtful or if such expenses are unrecorded in books of account.

Real estate developers' profits arise only upon the transfer of title, and advances received from customers cannot be treated as trading receipts in the year of receipt.

The Assessing Officer must record dissatisfaction with the assessee's expenditure claim related to exempt income before invoking Rule 8D to determine disallowance under Section 14A. Additionally, interest expenditure cannot be disallowed under Section 14A when the assessee has sufficient interest-free funds for investments yielding tax-free income.

When a partnership firm takes over the business of an earlier firm, all assets and liabilities transfer to the new firm. The deduction for bad debts is available to the assessee on the total amount written off, even if part of the debt (interest) was offered to tax in earlier years.

Income from the sale of immovable property, including any 'on-money' component, is taxable only when the sale is complete, marked by the execution and registration of the sale deed and/or transfer of possession to the buyer.

The assessee is entitled to a deduction of interest under Section 36(1)(iii) on borrowed funds utilized for acquiring shares, provided the shares are held as stock-in-trade as part of a share trading business.