Related party expenditure disallowance applies only to excessive or unreasonable payments, not the entire business expense. Disallowance of deduction is attracted where an assessee makes payment to a specified person and the Assessing Officer considers the expenditure to be excessive or unreasonable having regard to the fair market value of the goods, services or facilities, the legitimate business needs of the assessee, or the benefit derived or accruing from the payment. Only the excessive or unreasonable portion is disallowed; the entire expenditure is not to be rejected merely because the payer and payee are related or connected. The rule applies to expenditure only and does not cover a sale by the assessee to a specified person at a price below fair market value.
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 expenditure disallowance applies only to excessive or unreasonable payments, not the entire business expense.
Disallowance of deduction is attracted where an assessee makes payment to a specified person and the Assessing Officer considers the expenditure to be excessive or unreasonable having regard to the fair market value of the goods, services or facilities, the legitimate business needs of the assessee, or the benefit derived or accruing from the payment. Only the excessive or unreasonable portion is disallowed; the entire expenditure is not to be rejected merely because the payer and payee are related or connected. The rule applies to expenditure only and does not cover a sale by the assessee to a specified person at a price below fair market value.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.