← All Phrases

“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)

Welgrow Hotels Concepts P.Ltd, New Delhi vs. ITO, Ward-27(1), New Delhi

In the result, appeal of the assessee is dismissed

ITA 436/DEL/2023[2018-19]Status: DisposedITAT Delhi26 Jul 2023AY 2018-19

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2018-19 Welgrow Hotels Concepts P. Ltd., Vs Ito, B-6, Geetanjali Enclave, Ward-27(1), Malviya Nagar, New Delhi. New Delhi – 110 017. Pan: Aaacw5407C (Appellant) (Respondent) Assessee By : Shri S. Krishnan, Advocate Revenue By : Shri Amit Katoch, Sr. Dr Date Of Hearing : 26.07.2023 Date Of Pronouncement : 26.07.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.436/Del/2023 For Ay 2018-19 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Din & Order No.Itba/Nfac/S/250/2022-23/1048179868(1) Dated 22.12.2022 Against The Order Of Assessment Passed U/S 154 R.W.S. 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 02.12.2020 By The Ld. Assessing Officer, Ward 27(1), New Delhi (Hereinafter Referred To As ‘Ld. Ao’). 2. The Only Issue To Be Decided In This Appeal Is As To Whether The Ld. Cit(A) Was Justified In Confirming The Disallowance Made On Account Of Employee’S Contribution Of Provident Fund & Employee State Insurance In The Facts & Circumstances Of The Instant Case.

For Appellant: Shri S. Krishnan, AdvocateFor Respondent: Shri Amit Katoch, Sr. DR
Section 139(1)Section 154Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

Revenue by observing as under:- “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