Income under the head 'business and profession' would be earned ...

Taxpayer Wins: Court Overturns Expense Disallowance, Recognizes Limits on Proof for Business Expenditures u/s 37(1.

August 28, 2024

Case Laws Income Tax AT

Income under the head 'business and profession' would be earned by incurring relevant expenditure. While unjustified expenditure could be disallowed, there are limits to the documentation and evidence a normal business would maintain. The assessee meticulously maintained documents, deducted tax at source on payments to vendors executing turnkey projects. The CIT(A) failed to appreciate the limits on evidence a business entity would have to justify expenditure. The assessee provided detailed documents justifying the expenditure incurred. Relying on judicial precedents, the burden of proof on the assessee regarding proving expenditure u/s 37(1) has limits and cannot be mainly disallowed on the grounds adopted by the Assessing Officer. Disallowance u/s 37(1) was deleted, decided in favor of the assessee.

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Income under the head 'business and profession' would be earned ...

Taxpayer Wins: Court Overturns Expense Disallowance, Recognizes Limits on Proof for Business Expenditures u/s 37(1.

August 28, 2024

Case Laws Income Tax AT

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