Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Deductibility of business expenditure disallowed where tax at source or equalisation levy is not deducted or paid. Section 40 disallows deductions for business or professional expenses where tax withholding or equalisation levy obligations have not been complied with: interest, royalties, technical fees and other specified payments to non-residents or certain residents are not deductible unless tax or levy is deducted and paid, with deduction allowed in the year payment of the tax/levy occurs. The section also disallows deductions for fringe benefit tax, taxes on profits, wealth-tax and certain sums levied or appropriated by State Government undertakings, and contains specific limits and conditions governing partner/member remuneration and interest for firms and associations.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Deductibility of business expenditure disallowed where tax at source or equalisation levy is not deducted or paid.
Section 40 disallows deductions for business or professional expenses where tax withholding or equalisation levy obligations have not been complied with: interest, royalties, technical fees and other specified payments to non-residents or certain residents are not deductible unless tax or levy is deducted and paid, with deduction allowed in the year payment of the tax/levy occurs. The section also disallows deductions for fringe benefit tax, taxes on profits, wealth-tax and certain sums levied or appropriated by State Government undertakings, and contains specific limits and conditions governing partner/member remuneration and interest for firms and associations.
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