Daily Archives: May 29, 2025

Diversion of interest-bearing funds for commercial transactions is not disallowable if loans are for business purposes.

By | May 29, 2025

I. Diversion of interest-bearing funds for commercial transactions is not disallowable if loans are for business purposes. II. Estimation of melting gain is unwarranted if proper books of account are maintained and not rejected. Issue I: Interest on Borrowed Capital – Commercial Expediency Whether interest on borrowed capital can be disallowed under Section 36(1)(iii) of… Read More »

Interest on unproven loan genuineness is disallowed, even for opening balances.

By | May 29, 2025

Interest on unproven loan genuineness is disallowed, even for opening balances. Issue: Whether interest expenditure claimed on unsecured loans can be disallowed under Section 36(1)(iii) of the Income-tax Act, 1961, if the assessee fails to establish the genuineness, creditworthiness of the creditor, and repayment of the underlying loans, even if no new loans were received… Read More »

Compensation for non-performing Wind Turbine Generators is a capital receipt, not revenue income.

By | May 29, 2025

Compensation for non-performing Wind Turbine Generators is a capital receipt, not revenue income. Issue: Whether compensation received by an assessee from a supplier for the failure of Wind Turbine Generators (WTGs) to perform at guaranteed levels constitutes a capital receipt (not liable to tax) or a revenue receipt (taxable as income) under the Income-tax Act,… Read More »

Hardship compensation received for displacement during redevelopment is a capital receipt, not revenue income.

By | May 29, 2025

Hardship compensation received for displacement during redevelopment is a capital receipt, not revenue income. Issue: Whether “hardship compensation” received by a flat owner from a builder during the redevelopment of a housing society, intended to mitigate the inconvenience of displacement, constitutes a revenue receipt taxable under Section 2(24) of the Income-tax Act, 1961, or a… Read More »

Providing medical facilities at nominal charges in rural areas qualifies as charitable activity for 80G approval.

By | May 29, 2025

Providing medical facilities at nominal charges in rural areas qualifies as charitable activity for 80G approval. Issue: Whether a trust operating a hospital and providing medical services and pharmacy sales at nominal charges in rural areas can be considered to be engaged in a “charitable purpose” under Section 2(15) of the Income-tax Act, 1961, specifically… Read More »