“Section 94(4)”
The decision most relied on for Section 94(4) is CIT v. Ganga Properties Ltd. (199 ITR 94), cited in 46 judgments on BharatTax.
Leading authorities on Section 94(4)
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.
For availing deduction under section 80-IA, the 'infrastructure facility' does not necessarily need to be owned by the assessee. The assessee was held to be a developer, eligible for deduction under section 80-IA(4).
Disallowance of expenditure under Section 14A requires a proximate cause establishing the relationship between the expenditure and the exempt income. The expenditure must have a real, dominant, and immediate relationship with income not forming part of the total income.
The court examines a transaction involving the purchase and sale of UTI units with a short holding period, highlighting the cum-dividend purchase in relation to a booking closing date.