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U/S. S.37 (1) : Business expenditure – Professional’s heart surgery expense not deductible. (s.31)

U/S. S.37 (1) : Business expenditure – Professional’s heart surgery expense not deductible. (s.31)

Description:
Expenditure  incurred on heart operation was not deductible. Under section 31 also 37 (1) because of following reasons:

  1. Heart cannot be considered plant as it did not have any mention in assessee’s balance  sheet under assets and its cost of  acquisition could not be determined.
  2. Deduction under section 37 (1) cannot be granted as the immediate or direct incurred does not have any immediate or direct nexus between the expenses incurred on surgery and his efficiency in the professional field per se.

Shanti Bhushan vs CIT (Delhi) (High court)

Source:
1. www.aiftponline.org
2. AIFTP TIMES Volume.No.2 July, 2011, Page No.
3. www.itatonline.org.

Our comment:
Heat surgery expenses are not allowable expenditure against professional Income

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