Section 36(i)(va) of the Income Tax Act

Income-tax Act, 2025: ss.29, 30, 31, 32

Section 36(i)(va) falls under section 36 of the Income-tax Act, 1961, which corresponds to section 29 (Deductions related to employee welfare), section 30 (Deduction on certain premium), section 31 (Deduction for bad debt and provision for bad and doubtful debt) and section 32 (Other deductions) of the Income-tax Act, 2025.

Read section 29 of the 2025 ActRead section 30 of the 2025 ActRead section 31 of the 2025 ActRead section 32 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 36(i)(va) is CIT v. Kamlaben Sureshchandra Bhatti (44 Taxmann.com 459), cited in 15 of the 53 judgments on BharatTax that turn on this section.

Leading authorities on Section 36(i)(va)

Judgments on Section 36(i)(va)

DCIT, Cir-1, Kolkata vs. M/S the Hooghly Mills Co. Ltd., Kolkata

In the result, the appeal filed by the Revenue (in Ground No

ITA 667/KOL/2014[2008-2009]Status: DisposedITAT Kolkata04 Dec 2017AY 2008-2009

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.667/Kol/2014 (िनधा"रणवष" / Assessment Year: 2008-09 D.C.I.T, Circle-1 Kolkata Vs. M/S The Hooghly Mills Co. Ltd. 10, Clive Row, Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaact 9780 F (Revenue/Department) .. (Assessee) Assessee By : Shri S. Jhajharia, Ca Revenue/Department By : Shri Kalyan Nath, Acit सुनवाईकीतारीख/ Date Of Hearing : 07/09/2017 घोषणाकीतारीख/Date Of Pronouncement : 04/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 2008-09, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax(Appeals) In Appeal No.259/Cc-Vii/Cit(A)C-I/10-11, Dated 31.01.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As The ‘Act’), Dated 27.12.2010. 2.The Revenue Has Raised The Following Grounds Of Appeal: “1.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.2,30,00,000/- Made By The Assessing Officer U/S 2(22)(E). 2.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Made By The Assessing Officer U/S 36(I)(Va) Read With Section 2(24)(X) In Respect Of Employee’S Contribution To Pf/Esi For An Amount Of Rs.1,32,86,580/-. 3.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.1,30,70,800/- Made On Account Of Gratuity Liability. 4.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Is Not Justified In Deleting The Addition Of Rs.12,23,842/- Made By The Assessing Officer U/S 14A Of The Income Tax Act Read With Rule 8D Of The Income Tax Rules, 1962. 5. The Appellant Craves Leave To Amend, Modify & Later Any Grounds Of Appeal During The Course Of Hearing Of This Case.”

For Appellant: Shri S. Jhajharia, CAFor Respondent: Shri Kalyan Nath, ACIT
Section 143(3)Section 14ASection 2(22)(e)Section 2(24)(x)Section 36