Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
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Section 43B requires specified deductions only in the year of actual payment; a contractual transfer of employee liabilities to a third party does not constitute payment for Section 43B purposes, so deductions for leave encashment and bonus claimed without actual payment were disallowed. The tribunal applied the principle that statutory obligations cannot be shifted by contract to secure a deduction and rejected reliance on inapposite authorities. Further, adjustments made during processing under the return (u/s 143(1)(a)) were held permissible where the disallowance was apparent and not a debatable question. The appellate order deleting the adjustment was set aside and the assessment adjustment upheld.
Section 43B requires specified deductions only in the year of actual payment; a contractual transfer of employee liabilities to a third party does not constitute payment for Section 43B purposes, so deductions for leave encashment and bonus claimed without actual payment were disallowed. The tribunal applied the principle that statutory obligations cannot be shifted by contract to secure a deduction and rejected reliance on inapposite authorities. Further, adjustments made during processing under the return (u/s 143(1)(a)) were held permissible where the disallowance was apparent and not a debatable question. The appellate order deleting the adjustment was set aside and the assessment adjustment upheld.
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