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“section 40A(2)(b)”

DisallowancesSection 40A(2)(b)Section 40A(2)(b)622 judgments

The decision most relied on for section 40A(2)(b) is CIT v. Dalmia Cement (Bharat) Ltd. (254 ITR 377), cited in 417 judgments on BharatTax.

Leading authorities on section 40A(2)(b)

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

CIT v. Winsome Textile Industries Ltd.
319 ITR 204 · 2009 · High Court
378
citing judgments

Section 14A of the Income-tax Act, 1961, which disallows expenditure incurred in relation to exempt income, is not applicable if the assessee has not earned any exempt income in the relevant assessment year.

Biocon Ltd. v. DCIT
35 Taxmann.com 335 · 2013 · ITAT
322
citing judgments

The discount arising from the grant of Employee Stock Option Plans (ESOPs) is an allowable business expenditure under Section 37(1) of the Income-tax Act, 1961, as it is an ascertained liability, not a contingent one, and constitutes a revenue expense rather than a capital expense.

CIT v. Walchand & Co.
65 ITR 381 · 1967 · Supreme Court
314
citing judgments

The necessity and reasonableness of business expenditure, including the utilization of borrowed funds, must be judged from the perspective of a businessman based on commercial expediency, and cannot be dictated by revenue authorities. The onus is on the assessee to demonstrate the business purpose and commercial expediency.

India Cements Ltd. v. CIT
60 ITR 52 · 1966 · Supreme Court
247
citing judgments

Expenses incurred for obtaining a loan for the purpose of the assessee's business, such as debenture discount, bank guarantee charges, and stamp duty, are considered revenue expenditure. These liabilities, though potentially spread over time, are deductible as revenue expenses.

CIT v. Ankitech (P) Ltd.
340 ITR 14 · 2012 · High Court
202
citing judgments

Deemed dividend under section 2(22)(e) cannot be taxed in the hands of a non-shareholder. The Supreme Court confirmed this view, affirming the Delhi High Court's decision in Ankitech.

Challapalli Sugars Ltd. v. CIT
98 ITR 167 · 1975 · Supreme Court
185
citing judgments

Interest on borrowed capital utilized for acquiring a capital asset is capitalized until business commences. Once business is set up, this interest is deductible under section 36(1)(iii) even if the asset has not yet been put to use, accepting commercial accounting standards in the absence of contrary statutory provisions.

DCIT v. Core Health Care Ltd.
298 ITR 194 · 2008 · Supreme Court
165
citing judgments

Interest expenditure incurred for acquiring capital assets, even if capitalized in the books, is deductible if for the purpose of business. Section 36(1)(iii) is a self-contained code regarding such deductions.

Judgments citing section 40A(2)(b)

Shanti Multilink Pvt. Ltd, Ahmedabad vs. The Income Tax Officer, Ward-4(1)(3), Ahmedabad

In the result, the appeal filed by the Assessee is treated as allowed for statistical purposes

ITA 31/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad16 Jul 2024AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.31/Ahd/2023 "नधा"रण वष" /Assessment Year : 2016-17 Shanti Multilink Pvt.Ltd. The Income Tax Officer बनाम/ A-215, Siddhi Vinayak Tower Ward-4(1)(3) Off S.G. Road Ahmedabad-380 015 V/S. Makarba Ahmedabad – 380 051 "थायी लेखा सं./Pan: Aahcs 1972 M अपीलाथ"/ (Appellant) ….. "" यथ"/ (Respondent) Assessee By : Shri Vivek Chavda, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 15/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 16/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 09/11/2022 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short], Arising Out Of The Assessment Order Dated 28/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2016-17. Shanti Multilink Pvt.Ltd. Vs. Ito Asst. Year : 2016-17

For Appellant: Shri Vivek Chavda, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 143(3)Section 40A(2)(b)

order passed u/s. 250 on 09.11.2022 for A.Y.2016-17 by National Faceless Appeal Center (NFAC), Delhi upholding the disallowance of Rs.19,00,000/- under section 40A(2)(b) made by AO and upheld by the CIT(A) is wholly illegal, unlawful and against the principles of natural justice ... grievously erred in law and or on facts in upholding the disallowance of Rs.19,00,000/- under section 40A(2)(b) made by AO. 2.2. That the Ld. CIT(A) ought not to have upheld disallowance of Rs. 19,00,000/- under section 40A(2)(b). It is therefore prayed