M/S.SHASUN CHEMICALS AND DRUGS LTD. vs. COMMISSIONER OF INCOME TAX, CHENNAI

The appeals are allowed

Section 40A(9) of the Act the said expenditure is disallowed on the ground that it was not paid in cash

SHREE CHOUDHARY TRANSPORT CO. vs. INCOME TAX OFFICER

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

section (1) of section 139; or (B) in any other case, on or before the last day of the previous year: Provided that where in respect of any such sum, tax has been deducted in any subsequent year or, has been deducted – (A) during the last month of the previous year but paid after the said due date

M/S MUNJAL SALES CORPORATION vs. COMMR.OF INCOME TAX,LUDHIANA

Sections 40A and 43B deal with Business Disallowances. Keeping in mind the said scheme the position is that Sections 30 to 38 are deductions

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

disallows several such provisions under Sections 40A(7), 43B, 40 and 40A. Such disallowances alone could be added back to the taxable

CHECKMATE SERVICES P LTD vs. COMMISSIONER OF INCOME TAX-I

Bench: HON'BLE THE CHIEF JUSTICE

disallowances. In terms of this scheme, Section 40 (which too starts with a non- obstante clause overriding Sections 30-38), deals with what cannot be deducted in computing income under the head “Profits and Gains of Business and Profession”. Likewise, Section 40A

COMMISSIONER OF INCOME TAX, DELHI vs. STEPWELL INDUSTRIES LTD

The appeal is allowed to the above extent

disallowance was confirmed by the CIT (A) but allowed by the Tribunal in the proportion worked out by the Tribunal in the proportion worked out by the Tribunal? 3. Whether on the facts and in the circumstances of the case, on proper interpretation of Section 40A

COMMISSIONER OF INCOME TAX vs. MAHENDRA MILLS

The appeal is dismissed

40A, such depreciation shall be excluded for the purposes of sub-rule (1)." This Rule 5AA prescribed the particulars for depreciation necessary to be furnished for allowance of depreciation. Prior to insertion of Rule 5AA return of income tax in the form prescribed itself required particulars to be furnished if the assessee claimed depreciation. Mr. Dastur said that the case

COMMNR. OF INCOME TAX, COIMBATORE vs. M/S. TEXTOOL CO. LTD

The appeal is dismissed with no order

Section 40A(7) of the Act. However, deduction for the balance amount was disallowed on the ground that payment towards

M/S GANAPATHY & CO.BANGALORE vs. COMMR.INCOME TAX,BANGALORE

The appeal is dismissed

disallowance of service charges paid to M/s Universal Trading Company made under Section 40A(2)? ii. Whether on the facts

COMMISSIONER OF INCOME TAX, COIMBATORE vs. M/S. LAKSHMI MACHINE WORKS

40A 10,30,000 51,600 Less: Excise duty of 1991-92, deductible by virtue of section 43B [see para 49.10] 10,81,600 (-) 86,920 Business income (under section 28) Capital gains 9,94,680 20,000 Gross total income 10,14,680 Less: Deduction Under section 80HHC [see Note] http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page

M/S. W. T. SUREN & CO. LTD. vs. THE COMMISSIONER OF INCOME TAX. BOMBAY

40A(7) introduced by the Finance Act w.e.f. April 1, 1973. It was submitted by Mr. Vellapally that High Court went wrong in holding that there was no termination of the services of the employees of the assessee. He said the High Court wrongly addressed itself to this question of termination of services of the employees of assessee which

COMMISSIONER OF INCOME TAX vs. VANAZ ENGINEERING PVT.LTD

The appeal is allowed, the judgment of the High Court

Sections 22, 29 and 40A(7)(b)(ii) - Gratuity - Scheme introduced for first time in assessee firm in 1970 - On basis of Actuarial Report total liability as on December 31, 1970 debited to Profit and Loss Account Assessment proceedings - Income Tax Officer disallowing