Section 36(1)(iv) of the Income Tax Act
The decision most relied on for Section 36(1)(iv) is CIT v. Rao Bahadur Calavala Cunnan Chetty Charities (135 ITR 485), cited in 98 of the 54 judgments on BharatTax that turn on this section.
Leading authorities on Section 36(1)(iv)
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.
An assessee is permitted to change its method of valuing closing stock under Section 145, provided the new method is followed regularly and is bonafide. This aligns with accepted accounting principles allowing stock valuation at cost or market price, whichever is lower.
A wet dock of a dockyard is considered 'plant' for the purpose of depreciation.
When a return is filed under section 148, the assessment and reassessment under section 147 must follow the procedural provisions subsequent to section 139 of the Income Tax Act.
An assessee has the liberty to adopt any recognized method of accounting, and income should be computed according to that system. Income Tax authorities cannot dictate the method of accounting or the valuation of work-in-progress.
Deduction for contributions made to an approved superannuation fund within the prescribed limits is fully allowed in the assessment year in which the payment is made. The deduction permitted by law cannot be restricted under the pretext of imposing an additional condition.
The court considers the application of Section 145 of the Income Tax Act regarding accounting methods and the implications of cancellation clauses in agreements, including compensation to lessees.
The provision of Section 43B of the Income Tax Act, 1961, is not applicable to interest payable on loans obtained from the Government of India. Consequently, disallowance under Section 43B for non-payment of such interest is not permissible.
Expenditure not allowable under Section 36(1)(iv) of the Income Tax Act may still be allowable under Section 37 of the Act, even if the Tribunal followed this decision.
Judgments on Section 36(1)(iv)
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