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“Section 36(1)(iv)”

Section References (mined)Section 36Section 36(1)(iv)513 judgments

The decision most relied on for Section 36(1)(iv) is Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT v. GTN Textiles Ltd. (269 ITR 285), cited in 176 judgments on BharatTax.

Leading authorities on Section 36(1)(iv)

Guj.) (iii) CIT vs. South India Corporation Ltd. (2000) 242 ITR 114 (Ker) (iv) CIT v. GTN Textiles Ltd.
269 ITR 285 · 2004 · High Court
176
citing judgments

Employee contributions towards ESI and PF are allowable as a deduction if paid by the due date for filing the income tax return, even if paid after the statutory due dates prescribed under the respective ESI/PF Acts.

CIT v. Mahindra & Mahindra Ltd.
404 ITR 1 · 2018 · Supreme Court
164
citing judgments

The waiver of a loan taken for acquiring capital assets is considered a capital receipt and is not taxable as income under Section 28(iv) of the Income Tax Act. The ruling distinguishes between the waiver of trading liabilities and capital liabilities for tax purposes.

411/225 Taxman 6 (Mag.) (Raj.) and CIT v. Jaipur Vidhut Vitaran Nigam Ltd.
363 ITR 307 · 2014 · High Court
115
citing judgments

Employees' contribution to provident fund (PF) and Employees' State Insurance (ESI) deposited by the employer on or before the due date of furnishing the return of income under Section 139(1) cannot be disallowed under Section 36(1)(va) or Section 43B of the Income Tax Act.

CIT v. Rao Bahadur Calavala Cunnan Chetty Charities
135 ITR 485 · 1982 · High Court
98
citing judgments

The income of a charitable trust, particularly income from property held under trust, for the purpose of claiming exemption under Section 11, must be computed in a normal commercial manner, without strict reference to the computation provisions for different heads of income like Section 14 or Section 24(a). This approach ensures that the income available for application or accumulation is assessed on commercial principles.

Solid Containers Ltd. v. DCIT
308 ITR 417 · 2009 · High Court
74
citing judgments

The write-back or waiver of a loan obtained for business purposes constitutes taxable business income under Section 28. This applies even if no prior deduction was claimed, thereby not attracting Section 41(1).

Madras Industrial Investment Corpn. Ltd. v. CIT
91 Taxmann 340 · 1997 · Supreme Court
73
citing judgments

The Supreme Court held that discount on the issue of debentures is a deductible expenditure that can be spread proportionately over the period for which the debentures remain outstanding, rather than being claimed entirely in the year of issue. This treatment acknowledges the enduring benefit derived from the funds raised through debentures.

KeshrichandJaisukhlal v. CIT
199 ITR 702 · 1993 · High Court
62
citing judgments

Notional income, such as notional interest on interest-free loans, cannot be brought to tax without a specific statutory provision in the Income Tax Act. Only real income that has accrued or been received by the assessee is subject to income tax.

Somasundaram and Bros. v. CIT
238 ITR 939 · 1999 · High Court
53
citing judgments

Interest paid on borrowed funds is not allowable as a deduction under Section 36(1)(iii) of the Income-tax Act to the extent such funds are diverted to provide interest-free advances for non-business purposes, such as to sister concerns or promoter companies.

Judgments citing Section 36(1)(iv)

Coronation Cigar Co., Mumbai vs. Dy.Comm of Income Taxcircle 17(1), Mumbai

In the result, appeal of the assessee is dismissed

ITA 1728/MUM/2022[2018-19]Status: DisposedITAT Mumbai22 Sept 2023AY 2018-19

Bench: Shri Vikas Awasthy& Ms. Padmavathy.Sआअसं.1728/मुं/2022 (िन.व. 2018-19) Coronation Cigar Co. 63, Mg Road, Fort, Mumbai 400 001. Pan: Aaefc-3151-A ...... अपीलाथ"/Appellant बनाम Vs. The Deputy Commissioner Of Income-Tax Circle -17(1) 1St Floor, Kautiliya Bhavan, Bandra Kurla Complex, Mumbai – 400 051. ..... "ितवादी/Respondent Assessee By : S/Shri Falee Bilimoria & Furquan Ahemad Revenue By : Shri Prashant Mahajan सुनवाई की ितिथ/ Date Of Hearing : 12/07/2023 घोषणा की ितिथ/ Date Of Pronouncement : 22/09/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: S/Shri Falee Bilimoria &For Respondent: Shri Prashant Mahajan
Section 143(1)Section 143(1)(a)Section 154Section 234BSection 36Section 36(1)Section 36(1)(va)Section 43B

fund is to be treated as deduction (Section 36(1)(va)). The other important feature is that this distinction between the employers' contribution (Section 36(1)(iv)) and employees' contribution required to be deposited by the employer (Section 36(1)(va)) was maintained - and continues to be maintained ... condition for allowing the expenditure. 53. The distinction between an employer's contribution which is its primary liability under law - in terms of section 36(1)(iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms