Section 40a - Judgment Search Results

Sharma Associates Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Pune

..... it did not absolve the assessee from the provisions of section 40a 3 section 40a 3 is only concerned with genuine payments and not bogus ..... case is not covered by the rules made under section 40a 3 of the act section 40a 3 concentrates on the size and manner of payment ..... of the rule is reproduced below no disallowance under sub section 3 of section 40a shall be made where any payment in a sum exceeding .....

Barkha Investments and Trading Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

..... in clause c ii of the explanation to sub section 8 of section 40a that being so the exemption contemplated in sub section 8 of section 40a was not available to it 31 the other fact ..... the conclusion that the expression financial company used in the bracketed language of sub section 8 of section 40a of the act includes such investment company only which carries on as its principal .....

Commissioner of Income Tax Vs. Continental Construction Ltd.

Court: Supreme Court of India

Reported in: (1998)145CTR(SC)1

..... i ii iii and iv of the second proviso to s 40a 5 a sec 40a 5 relates to expenditure relating to payment of any salary or ..... appeal 4 the relevant provisions of s 40 c are as follows sec 40 notwithstanding the following amounts shall not be deducted in computing the ..... outside the ceiling limit also both the sections will have to be applied therefore expenditure under s 40a 5 b which is excluded from the .....

income-tax Officer Vs. Heckett Engg. and Co.

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1987)20ITD80(Pat.)

..... operation of the provision contained in clause a of sub section 7 of section 40a the ito himself had referred that the assessse had ..... contained in sub clause w of clause b of sub section 7 of section 40a refers to the provision not exceeding the admissible amount there ..... to in the provision contained in clause b of sub section 7 of section 40a therefore we hold that the assessee was entitled to the .....

Commissioner of Income-tax, Bombay Vs. Indo Oceanic Shipping Co. Ltd., ...

Court: Mumbai

Reported in: 2002(2)MhLj685

..... it indicates the true meaning of the expression employment outside india in section 40a 5 b in contradistinction to section 40a 5 a section 40a 5 a puts a ceiling on the expenditure incurred by a ..... that the words employment outside india find place in section 40a 5 b i therefore section 40a 5 a refers to employment in india whereas section 40a 5 b i in contradistinction refers to employment outside .....

Commissioner of Income Tax (Central)i, Kolkata Vs. Mohanlal Agarwal

Court: Kolkata

..... submitted that law has subsequently been changed at the relevant point of time disallowance under section 40a 3 was restricted to 20 of the expenditure claimed to have been incurred therefore the ..... lal bansidhar not applicable when the said judgement was rendered disallowance under section 40a 3 was 100 whereas the disallowance under section 40a 3 when it was applied by the cit would have been .....

Commissioner of Income Tax Vs. T.V. Sundaram Iyengar and Sons

Court: Chennai

Reported in: [1999]235ITR491(Mad)

..... so far as the applicability of the said sections is concerned to the facts of the case 7 sec 40a 5 of the act was introduced by the ..... finance no 2 act 1971 w e f 1st april 1972 under s 40a of the ..... in the negative and in favour of the department direct taxation perquisite sections 40 and 40a of income tax act 1961 whether expenses like rates and taxes .....

Commissioner of Income-tax, Gujarat-i Vs. Bharat Vijay Mills Ltd.

Court: Gujarat

Reported in: [1981]128ITR633(Guj)

..... benefit given to the employees could not be treated as perquisites for the purposes of section 40a 5 2 the facts leading to this reference in so far as they are relevant ..... in ss 30 to 43a in that group of sections falls s 40a with which we are directly concerned in the present case section 40a pertains to expenses or payments which are not deductible .....

Shree Sajjan Mills Ltd. Vs. Commissioner of Income Tax, M.P., Bhopal a ...

Court: Supreme Court of India

Reported in: AIR1986SC484; 1986LC276(SC); [1985]156ITR585(SC); 1985(2)SCALE737; (1985)4SCC590; [1985]Supp3SCR593

..... profits and gains of business or profession the said group of section begin with section 28 and go upto section 40d section 40a is with the marginal note under the heading expenses or payments ..... abudantly made clear by the non obstante expression used in sub section 1 of section 40a as noted before the provisions of section 40a shall have effect notwithstanding anything to the contrary contained in .....

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (2008)301ITR171(Kol.)

..... be allowed because of disallowance of just 20 per cent provided in section 40a 3 he therefore submitted that section 40a 3 and rules framed thereunder should be interpreted keeping in view the ..... facilities available considerations of business expediency and other relevant factors 46 thus sub section 3 of section 40a is a part of the computation provision while determining the profits and gains .....