← All Phrases

“Section 36(1)(ii)”

Section References (mined)Section 36Section 36(1)(ii)167 judgments

The decision most relied on for Section 36(1)(ii) is CIT v. Bharat Hotels Ltd. (410 ITR 417), cited in 486 judgments on BharatTax.

Leading authorities on Section 36(1)(ii)

CIT v. Bharat Hotels Ltd.
410 ITR 417 · 2019 · High Court
486
citing judgments

Employee contributions to provident fund and ESI, if paid beyond the due date prescribed by the respective welfare fund statutes, are not allowed as a deduction under the Income Tax Act.

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

Munjal Sales Corporation v. CIT
298 ITR 298 · 2008 · Supreme Court
191
citing judgments

The Supreme Court approves the mixed fund theory, holding that no interest disallowance is warranted under section 36(1)(iii) if investments or advances are made from the assessee's own non-interest bearing funds, even when mixed funds are available. This presumption applies when non-interest bearing funds are sufficient to meet the investments.

Sonia Bhatia v. State of U.P
2 SCC 585 · 1981 · Reported
190
citing judgments

An Explanation to a statutory provision can either clarify an existing ambiguity in the main provision or add to and widen its scope.

CIT v. S.G. Pgnatale
124 ITR 391 · 1980 · High Court
181
citing judgments

An Explanation to Section 9(1)(ii) of the Income Tax Act that widens the scope of the provision, rather than merely clarifying it, cannot be applied retrospectively to assessment periods prior to its effective date. Assessments must be made according to the law in force at the relevant time.

CIT v. UTI Bank Ltd.
32 Taxmann.com 370 · 2013 · High Court
131
citing judgments

If an assessee possesses sufficient interest-free funds, it is presumed that investments yielding exempt income were made from these funds, therefore disallowance of interest expenditure under Section 14A is not justified.

CIT v. Goslino Mario
241 ITR 312 · 2000 · Supreme Court
119
citing judgments

The law applicable for an assessment year is that in force during that year, and an Explanation introduced with effect from a particular date does not retrospectively affect earlier assessment years unless expressly provided.

Madras Industrial Investment Corpn. Ltd. v. CIT
91 Taxmann 340 · 1997 · Supreme Court
73
citing judgments

The Supreme Court held that discount on the issue of debentures is a deductible expenditure that can be spread proportionately over the period for which the debentures remain outstanding, rather than being claimed entirely in the year of issue. This treatment acknowledges the enduring benefit derived from the funds raised through debentures.

Judgments citing Section 36(1)(ii)

ACIT-2(3)(2), Mumbai vs. M/S Icici Bank Ltd., Mumbai

In the result, the appeal of the assessee is allowed while for the appeal of the revenue stand dismissed

ITA 3864/MUM/2019[2010-11]Status: DisposedITAT Mumbai22 Aug 2022AY 2010-11

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopalicici Bank Limited Vs. The Acit, Circle 2(3)(2) Icici Bank Towers Aayakar Bhavan, 5Th Bandra Kurla Complex Floor, Room No. 552/556 Bandra (East) Mumbai – 400 020 Mumbai – 400 051 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaaci1195H Appellant .. Respondent The Acit, Circle 2(3)(2) Vs. Icici Bank Limited Aayakar Bhavan, 5Th Icici Bank Towers Floor, Room No. 552 Bandra Kurla Complex Mumbai – 400 020 Bandra (East) Mumbai – 400 051 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaaci1195H Respondent .. Appellant

For Appellant: Aarti VisanjiFor Respondent: R.A. Dhyani &
Section 143(3)Section 147Section 148Section 43D

business purposes and therefore the interest paid on such IPDIs would even be allowable as per the proviso to section 36(1)(ii) of the Act. 9.3.2 The appellant has also distinguished the decision of Punjab and Haryana High Court in Pepsu Road Transport Corporation (supra) relied upon ... capital, provided by the Government. On the question of whether the interest paid by the Petitioner can be regarded as deductible under section 36(1)(ii) of the IT Act, on facts, the High Court held that (a) the capital was not borrowed by the Petitioner, but was only provided

Icici Bank Limited, Mumbai vs. The Asst. CIT Circle 2(3)(2), Mumbai

In the result, the appeal of the assessee is allowed while for the appeal of the revenue stand dismissed

ITA 3215/MUM/2019[2010-11]Status: DisposedITAT Mumbai22 Aug 2022AY 2010-11

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopalicici Bank Limited Vs. The Acit, Circle 2(3)(2) Icici Bank Towers Aayakar Bhavan, 5Th Bandra Kurla Complex Floor, Room No. 552/556 Bandra (East) Mumbai – 400 020 Mumbai – 400 051 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaaci1195H Appellant .. Respondent The Acit, Circle 2(3)(2) Vs. Icici Bank Limited Aayakar Bhavan, 5Th Icici Bank Towers Floor, Room No. 552 Bandra Kurla Complex Mumbai – 400 020 Bandra (East) Mumbai – 400 051 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaaci1195H Respondent .. Appellant

For Appellant: Aarti VisanjiFor Respondent: R.A. Dhyani &
Section 143(3)Section 147Section 148Section 43D

business purposes and therefore the interest paid on such IPDIs would even be allowable as per the proviso to section 36(1)(ii) of the Act. 9.3.2 The appellant has also distinguished the decision of Punjab and Haryana High Court in Pepsu Road Transport Corporation (supra) relied upon ... capital, provided by the Government. On the question of whether the interest paid by the Petitioner can be regarded as deductible under section 36(1)(ii) of the IT Act, on facts, the High Court held that (a) the capital was not borrowed by the Petitioner, but was only provided

M/S. Sasken Technologies Limited, Bangalore vs. Joint Commissioner of Income Tax, Special Range - 6, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 2546/BANG/2019[2016-17]Status: DisposedITAT Bangalore18 Mar 2022AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 M/S. Sasken Technologies Limited, Vs. Jcit, No.139/25, Ring Road, Domlur, Special Range – 6, Bengaluru-560071. Bengaluru. Pan : Aaecs 6424 R Appellant Respondent Appellant By : Shri. Padam Chand Khincha, Ca Respondent By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 09.03.2022 Date Of Pronouncement : 16.03.2022 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 27.11.2019 Of Cit(A), Bengaluru -10, Relating To Assessment Year 2016-17. 2. Ground No.1 Raised By The Assessee Is General & Calls For No Specific Adjudication. Grounds Nos.2 & 3 Raised By The Assessee Is With Regard To The Issue Whether The Gain On Sale / Assignment Of Intellectual Property Rights (Ipr) Is Assessable To Tax At All & If So Assessable To Tax Whether It Has To Be Assessed To Tax Under The Head “Income From Business Or Profession” Or “Capital Gain”. Page 2 Of 31

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 1

payable to Chairman and MD and wholetime Director and CFO is concerned, the AO examined the claim for deduction under section 36(1)(ii) of the Act which provides that any sum paid to employee as bonus or commission for services rendered would not be allowed as a deduction where ... because the payees were identified and paid in the subsequent Assessment Year to the MD and WTD. The AO invoked the provisions of section 36(1)(ii) of the Act and concluded that the MD and WTD were getting regular pay and the additional pay were not for any services