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“legal expenses”

Business ExpensesSection 37Section 37273 judgments

The decision most relied on for legal expenses is CIT v. Calcutta Agency Ltd. (19 ITR 191), cited in 164 judgments on BharatTax.

Leading authorities on legal expenses

CIT v. Calcutta Agency Ltd.
19 ITR 191 · 1951 · Supreme Court
164
citing judgments

The assessee bears the burden of proving necessary facts to claim deductions. If the assessee fails to establish these facts, the deduction is not admissible.

CIT v. Goetze (India) Ltd.
361 ITR 505 · 2014 · High Court
121
citing judgments

Disallowance under Section 14A for expenses relating to exempt income is required while computing book profit under Section 115JB. An Assessing Officer's order is erroneous for revision under Section 263 if the view taken was not plausible, legally unsustainable, and incorrect, requiring a recorded finding.

Kesoram Industries & Cotton Mills Ltd. v. CIT
196 ITR 845 · 1992 · High Court
61
citing judgments

Expenditure incurred for exploring the feasibility of expanding or extending an existing business by setting up a new unit in the same line of business is revenue expenditure, not capital expenditure. Such expenditure, including obtaining project reports or legal opinions on desirability or feasibility, does not constitute the setting up of a new business.

Commissioner of Income Tax v. India Discount Co. Ltd.
75 ITR 191 · 1970 · Supreme Court
46
citing judgments

Accounting entries do not override the legal effect of a transaction, and the legality of any transaction must be established independently. The mere nomenclature of an entry in the books of accounts is not determinative of the true nature of the transaction.

CIT v. Ganga Properties Ltd.
199 ITR 94 · 1993 · High Court
46
citing judgments

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.

CIT v. Finlay Mills Ltd.
20 ITR 475 · 1951 · Supreme Court
38
citing judgments

Expenditure that is incurred for the protection of a running business without generating a new asset is deductible as a business expense. Such expenditure does not result in an enduring benefit of a capital nature.

CIT v. Bombay Dyeing and Manufacturing Co. Ltd.
219 ITR 521 · 1996 · Supreme Court
28
citing judgments

Expenses incurred on amalgamation, legal and professional fees, and contributions to a State Housing Board for worker tenements are considered revenue expenditure, not capital expenditure. This is because these expenditures do not result in an enduring benefit and are part of the company's operational costs.

Sayaji Iron & Engineering Co. v. CIT
121 Taxmann 43 · 2002 · High Court
27
citing judgments

Expenses incurred by a company cannot be considered personal, as a company is an artificial legal entity incapable of incurring personal expenses. Therefore, disallowances on this basis are not sustainable.

Judgments citing legal expenses

Income Tax Officer, Non-Corporate Ward 19(4), Chennai vs. Parvathy Ayyavu, Chennai

In the result, the appeal filed by the Revenue is allowed

ITA 1352/CHNY/2024[2013-14]Status: DisposedITAT Chennai14 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 1352/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 The Income Tax Officer, Vs. Parvathy Ayyavu, 35/17, 11Th Avenue, Ashok Nagar, Non Corporate Ward 19(4), Chennai. Chennai 600 083. [Pan:Afgpa2173P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Krishna Kumar, Jcit ""थ" की ओर से/Respondent By : None सुनवाई की तारीख/ Date Of Hearing : 06.05.2025 घोषणा की तारीख /Date Of Pronouncement : 14.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 31.01.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)/ National Faceless Appeal Centre, Delhi For The Assessment Year 2013-14. 2. We Note That This Appeal Was Filed On 07.05.2024 & After Scrutiny; The Registry Fixed The Appeal For Hearing On 29.07.2024. Accordingly, A Notice Dated 12.06.2024 Issued To The Respondent-

For Appellant: Shri P. Krishna Kumar, JCITFor Respondent: None
Section 143(1)Section 143(2)Section 143(3)

assessee at ₹.8,76,17,173/-, inter alia, making addition on account of advances, unsecured loans, sundry creditors, advertisement charges, rent and legal expenses vide his order dated 31.03.2016 passed under section 143(3) of the Act. Aggrieved by the order of the Assessing Officer, the assessee preferred an appeal