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

ITAT adjudicated multiple tax-related issues for the assessee. ...


Tax Deduction Denied for Leave Encashment Provision, Partial Relief Granted for Warranty and Maintenance Charges Under Section 43B

May 23, 2025

Case Laws     Income Tax     AT

ITAT adjudicated multiple tax-related issues for the assessee. The tribunal disallowed leave encashment provision under section 43B(f), holding that if provision is made in an earlier year and not paid by the income tax return filing due date, deduction cannot be claimed. For warranty provision and software maintenance charges, the tribunal largely ruled in favor of the assessee, directing the Assessing Officer to follow previous coordinate bench decisions. Regarding liquidated damages, the tribunal allowed claims for TATA AIG agreement and remanded the BSNL agreement issue back to the Assessing Officer for further verification, maintaining a nuanced approach to the assessee's tax claims across different contractual contexts.

View Source

 


 

You may also like:

  1. Premium towards leave encashment - provision for leave encashment was held to be allowable if the same was based on a particular scheme proportionately with the...

  2. Section 10(10AA) of the Income Tax Act provides tax exemption for leave encashment upon retirement for Central/State government employees and employees other than...

  3. Levy of service tax - tolerance of act of cancellation of coal blocks - the Government employee has tolerated the non-sanction of leave during his service as per an...

  4. Provision made for leave salary allowed as deduction - HC

  5. Disallowance of provision for gratuity and leave encashment - in case of trust, the meaning ‘applied’ need not be construed as ‘spent’. It includes the necessary...

  6. ITAT partially allowed the appeal. In the transfer pricing dispute, the tribunal directed the TPO to exclude XS CAD India Private Limited from comparables, recognizing...

  7. Relief of remission of tax - In case State's action is allowed to stand, it would mean that an honest tax payer would be discriminated since those who have not paid tax...

  8. Disallowance of the provisions made for leave encashment - Post 01.04.2001, deduction of any sum on account of payment towards employees leave encashment would be...

  9. Provision for warranty - assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess...

  10. Provision for Warranty - The assessee had not proved the provision of warranty expenses based on any scientific method in such circumstances - Triple test was not passed...

  11. Computation of MAT u/s 115JB - Addition towards delayed payment of gratuity and leave encashment - in computation of book profit only provision for unascertained...

  12. Waiver of pre-deposit - levy of service tax on sub-contractor - main contractor themselves admitted that they have already paid the service tax - stay order modified -...

  13. Validity of the order of Settlement Commission, the JDGFT - Advance License Scheme - extension of time limit for discharge of export obligation, denied - Partial relief...

  14. Addition being 40% of cash balance shown in the balance sheet as income of the assessee - A.O without any basis, simply says that the cash in hand is excessive and...

  15. Additional provision for warranty Claim - Tribunal allowed normal warranty, extended warranty, however denied additional provision for warranty on domestic sales claimed...

 

Quick Updates:Latest Updates