“Section 2(24)(iv)”
The decision most relied on for Section 2(24)(iv) is Ajmera Housing Corpn v. CIT (326 ITR 642), cited in 47 judgments on BharatTax.
Leading authorities on Section 2(24)(iv)
The scope of proceedings before the Income-tax Settlement Commission under Chapter XIX-A is sui generis, primarily for disclosure and akin to arbitration, and not an appellate forum to examine complex legal disputes.
Expenditure incurred on an independent research centre and R&D unit is eligible for deduction under Section 35(1)(iv) of the Income Tax Act, and such expenditure need not be reduced from profits.
Waiver of loan principal or interest by banks/financial institutions is not taxable under Section 41(1) if the loan was not claimed as a deduction in earlier years. Such transactions are loan-based and do not fall under Section 2(24) or Section 28(iv) of the Income Tax Act.
Disallowance under section 36(1)(va) for employee's contributions to PF/ESI, even if not deposited within the stipulated time, is deleted if the Tribunal's finding is correct.
The High Court, when exercising powers under Section 260A of the Income Tax Act, cannot interfere with a finding of fact unless it is demonstrated to be perverse. This principle is crucial in appeals before the High Court where the existence of a substantial question of law is a prerequisite.
Where an assessee-employer deposits the employees' share of contribution towards provident fund and ESI beyond the statutory due dates, disallowance under section 36(1)(va) is justified, and such disallowance is a proper adjustment under section 143(1)(a).
An Assessing Officer lacks the power under Section 143(1)(a) to make prima facie adjustments of a controversial nature, as doing so can amount to overstepping jurisdiction and incorrectly determining income.
Disallowance of employees' contribution to ESI and PF made under section 143(1)(a) is valid if paid beyond the due date prescribed by the respective Acts, even if paid before the due date for filing the return of income under section 139(1).