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4 results for “disallowance”+ Section 36(1)(viia)clear

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Key Topics

Section 36(1)(vii)10Section 36(1)(iii)4Section 43(1)4Section 36(2)4Deduction4Section 36(1)(viia)3Section 143(2)2Section 143(3)2Section 37(1)2Disallowance

PR. COMMISSIONER OF INCOME TAX 6 vs. KHYATI REALTORS PVT. LTD

The appeal is allowed, in the above terms, without order on costs

C.A. No.-005804-005804 - 2022Supreme Court25 Aug 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 142(1)Section 143(2)Section 143(3)Section 260ASection 36(1)(vii)Section 36(2)

disallowed by Explanation to Section 36(1)(vii), if claimed, has got to be added back to the total income of the assessee because the said Act seeks to tax the “real income” which is income computed according to ordinary commercial principles but subject to the provisions of the IT Act. Under Section 36(1)(vii) read with the Explanation

2

CATHOLIC SYRIAN BANK LTD. vs. COMMISSIONER OF INCOME TAX, THRISSUR

C.A. No.-001143-001143 - 2011Supreme Court17 Feb 2012
Section 143(1)Section 143(2)Section 143(3)Section 36Section 36(1)(vii)Section 36(1)(viia)

1)(viia) of the Act could not claim the amount of Rs. 12,65,95,770/- as deduction on account of bad debts because the bad debts did not exceed the credit balance in the provision for bad and doubtful debts account and also, the 3 requirements of clause (v) of Sub-section (2) of Section 36

M/S. SOUTHERN TECHNOLOGIES LTD. vs. JOINT COMMNR. OF INCOME TAX, COIMBATORE

C.A. No.-001337-001337 - 2003Supreme Court11 Jan 2010
Section 145Section 2(24)Section 36(1)(vii)Section 37Section 37(1)

disallowed by Explanation to Section 36(1)(vii), if claimed, has got to be added back to the total income of the assessee because the said Act seeks to tax the “real income” which is income computed according to ordinary commercial principles but subject to the provisions of the IT Act. Under Section 36(1)(vii) read with the Explanation

DEPUTY COMMISSIONER OF INCOME TAX vs. M/S. CORE HEALTH CARE LTD

C.A. No.-003952-003955 - 2002Supreme Court08 Feb 2008
For Respondent: M/s. Core Health Care Ltd
Section 260ASection 28Section 36(1)(iii)Section 43(1)

viia) by the same Finance Act which is also made with effect from 1.4.2004. Same is the position with regard to insertion of a sub-section after Section 90(2) and before the Explanation. This insertion also operates w.e.f. 1.4.04. In short, the above amendments have been made by Finance Act, 2003 and all the said amendments have been made