Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

HC upheld the assessee's claim for deduction of expenditure ...


Expenditure for Subsidiary Wind-Up Deemed Commercially Expedient, Deductions Allowed Under Established Legal Principles

May 6, 2025

Case Laws     Income Tax     HC

HC upheld the assessee's claim for deduction of expenditure incurred to maintain and wind up a subsidiary company, finding it permissible under commercial expediency. The court determined that the expenditure was aimed at protecting the company's assets, goodwill, and reputation. Regarding book profit calculation under Section 115J, the HC affirmed that the Assessing Officer lacks jurisdiction to reassess the company's income beyond the specified statutory adjustments. The court ruled in favor of the assessee on both substantial questions of law, allowing the claimed deductions and maintaining the profit computation as originally submitted.

View Source

 


 

You may also like:

  1. Expenditure incurred by subsidiary company for overseeing and executing contracts entered by parent company cannot be considered as business loss of subsidiary....

  2. Software development expenditure which was application software was revenue in nature - deduction allowed u/s 37.

  3. Deduction u/s 37 - Guarantee commission paid to State Government – allowed as revenue expenditure - HC

  4. Weighted deductions claimed u/s 35(2AB) - The petitioner challenged the restriction of the eligibility period for weighted deductions on R&D expenditure, contending it...

  5. Deduction u/s 80IA - AO held that the assessee maintained consolidated figure of power generation unit and no separate and independent books of account was maintained by...

  6. Nature of expenditure - Expenditure being contribution to Cricket Academy u/s 37 - t expenditure in question was revenue expenditure and should be allowed as a deduction.

  7. Winding up petition - non reply to statutory notice - commercial insolvency - as each of the companies are unable to discharge their debts, are commercially insolvent...

  8. Allowance of hoarding expenses - capital expenditure or revenue expenditure - deduction on account of hoarding expenditure being in the nature of revenue expenditure allowed - AT

  9. Deduction u/s 36(1)(iii) - double deduction for deduction of interest - once these amounts are allowed as deduction in the year of incurring the expenditure, the same...

  10. Deduction u/s 57(iii) - As long as the purpose of incurring expenditure is to earn income, the expenditure would have to be allowed as a deduction under Section 57(iii)...

  11. Real estate development company advanced loans to its Indian subsidiary for funding step-down foreign subsidiaries undertaking real estate projects. Interest paid on...

  12. Product Development Expenditure disallowed - there is no distinction as to whether the expenditure incurred is capital or revenue, because while the provisions of...

  13. Disallowance u/s 36(1)(iii) - claim of interest expenditure - The companies GIL and CNIL are subsidiary companies, which clearly indicates that the investment made by...

  14. TP adjustment of interest - CIT(A) confirmed upward adjustment towards interest by adopting rupee loan rate instead of LIBOR linked rate in respect of foreign currency...

  15. ITAT allowed the taxpayer's claim for deduction of expenditure incurred in an abandoned project, recognizing that the project abandonment was due to reasons beyond the...

 

Quick Updates:Latest Updates