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“Section 35(1)(vii)”

Section References (mined)Section 35Section 35(1)(vii)2 judgments

The decision most relied on for Section 35(1)(vii) is CIT v. Yokogawa India Ltd. (341 ITR 385), cited in 270 judgments on BharatTax.

Leading authorities on Section 35(1)(vii)

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.

CIT v. Dunlop Rubber Co. Ltd.
142 ITR 493 · 1983 · High Court
95
citing judgments

Pure reimbursement of expenditure does not constitute income in the nature of royalty or fees for technical services, therefore eliminating the obligation to deduct tax at source.

CIT v. Vodafone Essar Gujarat Ltd.
397 ITR 55 · 2017 · High Court
55
citing judgments

Provision for bad and doubtful debts, if it amounts to an actual write-off by reducing the sundry debtors balance from the asset side of the Balance Sheet, cannot be added back when computing book profits under Section 115JB read with Explanation (i) of the Income Tax Act.

Canara Bank v. JCIT
60 ITR (Trib) 1 · 2017 · ITAT
47
citing judgments

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.

DIA v. Oman International Bank
313 ITR 128 · 2009 · High Court
31
citing judgments

A company is not required to prove that a debt has become bad to claim a deduction; writing off the debt as irrecoverable in the company's accounts is sufficient, especially after the amendment of Section 36(1)(vii) from April 1, 1989.

CIT v. Tainwala Chemicals and Plastics India Ltd.
215 Taxmann 153 · 2013 · High Court
21
citing judgments

A provision for doubtful debts made in the profit and loss account and reduced from loans and advances in the balance sheet may qualify for deduction as bad debts under section 36(1)(vii) of the Income-tax Act.

Dy. CIT v. Mastek Ltd.
25 Taxmann.com 133 · 2012 · High Court
14
citing judgments

Expenditure on scientific research for weighted deduction must satisfy the conditions in section 35(2AB) and also the provisions of section 35(3)(b) of the Income Tax Act.

Marksans Pharma Ltd. v. DCIT
155 Taxmann.com 59 · 2023 · ITAT
13
citing judgments

The Assessing Officer (AO) cannot override the decision of the prescribed authority (DSIR) regarding the approval of expenditure for weighted deduction under section 35(2AB). The AO must allow the assessee an opportunity to be heard before quantifying any expenditure.

Judgments citing Section 35(1)(vii)