“Section 2(24)(ii)”
The decision most relied on for Section 2(24)(ii) is CIT v. Bharat Hotels Ltd. (410 ITR 417), cited in 486 judgments on BharatTax.
Leading authorities on Section 2(24)(ii)
Employee contributions to provident fund and ESI, if paid beyond the due date prescribed by the respective welfare fund statutes, are not allowed as a deduction under the Income Tax Act.
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.
Income earned during the construction phase of a project, which has a direct and inextricable nexus with the project's setting up, constitutes a capital receipt and reduces the project's cost, rather than being taxable as revenue income. This applies to incidental income like interest on funds (e.g., share capital, grants) temporarily parked before being utilized for the specific project.
Additional depreciation under Section 32(1)(iia) can be claimed in the year an asset is acquired and installed, even if it is claimed in a subsequent year of acquisition and installation.
A commission of 0.50% charged by a parent company for a corporate guarantee is considered to be at Arm's Length Price (ALP). This rate is used for adjustments in transfer pricing.
Lump sum payments for lease, even for an extended period, can be considered revenue expenditure if they substitute for revenue expenditure. Payments that substitute for revenue expenditure are generally treated as revenue expenditure.
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).
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).