Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
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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.
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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