“Section 61(1)”
The decision most relied on for Section 61(1) is 100/223 Taxman 398/366 ITR 170 (Guj.) 3. CIT v. Merchem Ltd. (61 Taxmann.com 119), cited in 168 judgments on BharatTax.
Leading authorities on Section 61(1)
An amendment clarifying the disallowance of employee contributions under sections 36(1)(va) and 43B is prospective. Therefore, before such amendment, employee contributions paid before the due date for filing the income tax return are deductible.
The Assessing Officer, while making an assessment under Section 153A, is not restricted to strictly making additions based only on evidence found during the search but can also rely on other relevant and attendant evidence or post-search material related to the seized evidence. This allows the AO to draw inferences about similar transactions throughout the relevant six-year period.
The ITAT distinguishes the case of Pawan Kumar v. PCIT (2024) 159 taxmann.com 61 (Del.-Trib.) in the context of assessing interest on enhanced land acquisition compensation.
Interest paid on money borrowed for acquiring machinery is deductible under Section 36(1)(iii) even if the machinery is not put to use in the year of borrowing. This principle applies to the 'for the purpose of business' test for borrowed capital.
An assessee cannot be treated as an Association of Persons (AOP) if the beneficiaries have not come together with a common purpose of earning income.
Where an expense is incurred for the purpose of acquiring a capital asset, and that asset is subsequently sold, the expenditure must be considered as part of the cost of acquisition of that asset for the purpose of calculating capital gains. This is because the expense forms an integral part of the cost of acquiring the asset, not an expenditure of revenue nature.
Section 41(1) of the Income Tax Act, 1961, which deals with the remission or cessation of trading liabilities, is not applicable if the liability continues to subsist and has not been waived off by the creditors. Similarly, provisions for gratuity made on actuarial valuation constitute an ascertained liability and are not to be added to net profits.
When an assessee opts for the presumptive taxation scheme under Section 44AD of the Income Tax Act, offering income at a specified percentage of gross receipts, they are exempt from maintaining books of account and are not obligated to explain individual entries of cash deposits unless such entries lack nexus with the gross receipts.
