Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
The ITAT held that settlement payment made under an invoked corporate guarantee was deductible as business expenditure because it arose from commercial expediency. It rejected the Revenue's challenge to the existence of the liability and to the claim that the amount was not incurred wholly and exclusively for business purposes, noting that the arbitration and execution proceedings had already proceeded on the basis of that guarantee. Applying the principle that tax authorities cannot sit in the businessman's armchair to judge commercial expediency, the Tribunal treated the payment as a business outgo and deleted the disallowance.
The ITAT held that settlement payment made under an invoked corporate guarantee was deductible as business expenditure because it arose from commercial expediency. It rejected the Revenue's challenge to the existence of the liability and to the claim that the amount was not incurred wholly and exclusively for business purposes, noting that the arbitration and execution proceedings had already proceeded on the basis of that guarantee. Applying the principle that tax authorities cannot sit in the businessman's armchair to judge commercial expediency, the Tribunal treated the payment as a business outgo and deleted the disallowance.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
