Tuesday, July 26, 2011

Deduction under s 36(1)(viii) , 26 July 2011

The amendment to s 36(1)(viii) by the Finance Act, 1997 with effect from 1 April 1998, by which the creation and maintenance of reserve funds has been made a condition for availing of the benefit, is not retrospective in operation and shall apply in relation to AY 1998–1999 and subsequent years, as held by DelHC in CIT v Industrial Finance Corporation of India Ltd — In favour of: The assessee; ITA Nos 1572, 1570, 1493, 1457, 1445, 1444 of 2006 and ITA No 660 of 2010.

Deduction under s 35D — Expenditure incurred by the assessee on the issue of bonds is covered by the provisions of s 35D.

Bad debt — If the income which is earlier recognised is not to be allowed to be reversed in subsequent assessment years, it is permissible for the assessee to write-off such income in the concerned assessment years when it was found that the amount was not recoverable.

Decided on: 11 July 2011.

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