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        Case ID :
        Income Tax

        Related-party payment under section 40A(2)(a) cannot be...

        Related-party payments and ready-for-use assets: Tribunal deletes excessiveness and depreciation disallowance, but upholds staff expense disallowance.

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                          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.
                                Related-party payment under section 40A(2)(a) cannot be disallowed unless excessiveness is tested against a truly comparable service; email marketing charges were deleted because the Assessing Officer compared dissimilar services and the record did not support the conclusion of excess payment. Depreciation and car-loan interest were allowed where the vehicles were kept ready for use, since actual use is not the sole test for business assets maintained in a state of readiness. Recruitment, placement and staff welfare es were disallowed because the assessee had admitted during assessment that no employees existed during the year and the amount was offered for disallowance.
                                Note: It is a system-generated summary and is for quick reference only.
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                                  ActsIncome Tax
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