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Disallowance on account of expenditure

Disallowance on account of expenditure legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2012 PTD 1535 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN Judicial Precedent
S. 21(1)Deductions not allowedDisallowance on account of expenditureCash transactionsExpenses for business purposes

Department contended that transactions of amount to Rs.1,9633,929 were made in cash in respect of expenses, which had been disallowed but First Appellate Authority without any justification had restricted disallowance to Rs.816,956

Taxpayer contended that all the amounts paid were below the threshold limit of Rs.10,000 but these amounts were paid through single voucher; and admittedly the payments made were below the threshold of taxable limit which fulfilled the conditions laid down by law; that Taxation Officer had not denied that these expenses related to the business purposes; and that instead of deleting the addition, First Appellate Authority had only restricted the addition at 50% of the claim

Validity

Taxation Officer had nowhere observed that expenses claimed were not related to the business purposes

Most of the expenses were below taxable limit and paid for the purpose of factory petty cash electricity account etc.

Taxation Officer had failed to confront the taxpayer specifically regarding the claim of the amount exceeding the taxable limit

First Appellate Authority had rightly restricted the disallowance to the 50% of the claim

Order of First Appellate Authority was not interfered by Appellate Tribunal.

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Precedents & Case Laws citing "Disallowance on account of expenditure"

PTD 2012
I.T.A. No.1046/KB of 2011, decided on 29th February, 2012.

2012 P T D (Trib

COMMISSIONER OF INLAND REVENUE, ZONE-IV, LTU Versus Messrs PHARMEVO (PVT.) LTD., KARACHI

Court: Inland Revenue Appellate Tribunal of Pakistan
PTD 2002
N/A

2002 P T D 1535

Messrs BATA PAKISTAN. LIMITED, LAHORE Versus COMMISSIONER OF INCOME-TAX, LAHORE

Court: Lahore High Court
PTD 1997
I.T.A. No. 470(IB) of 1994-95, decided on 9th June, 1996.

1997 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal Pakistan
PTD 2007
I.T.As. Nos. 6370/LB and 6372/LB of 2005, decided on 17th March, 2007.

2007 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal Pakistan
PTD 1997
I.T.As. Nos. 10328/LB of 1991--92, 9643/1-13 of 1992-93, 1911/LB of 1994 and 6405/1-13 of 1995, decided on 9th October, 1996.

1997 P T D (Trib

N/A

Court: Income-tax Appellate Tribunal Pakistan
PTD 2001
Tax Case No.895 of 1983 (Reference No.460 of 1983), decided on 30th April, 1998.

2001 P T D 457

COMMISSIONER OF INCOME-TAX Versus MADURA COATS LTD.

Court: 239 I T R 50
PTD 2000
Tax Case No. 169 of 1984 (Reference No. 118 of 1984), decided on 11th February, 1997.

2000 P T D 1893

COMMISSIONER OF INCOME-TAX Versus T. V. SUNDARAM IYENGAR & SONS

Court: 235 I T R 491
PTD 2001
Tax Case No. 182 of 1985 (Reference No.90 of 1985), decided on 5th March, 1998.

2001 P T D 392

COMMISSIONER OF INCOME‑TAX Versus KARUR VYSYA BANK LTD.

Court: 239 I T R 7
PTD 1997
Income-tax Reference No. 91 of 1992, decided on 12th October, 1994.

1997 P T D 491

SAURASHTRA CEMENT AND CHEMICAL INDUSTRIES LTD. Versus COMMISSIONER OF INCOME-TAX

Court: 213 I T R 523
PTD 2001
Tax Cases Nos.1149 and 1150 of 1988 (References Nos.893 and 894 of 1988), decided on 2nd April, 1998.

2001 P T D 693

SOUTH INDIA CORPORATION AGENCIES (P.) LTD. Versus COMMISSIONER OF INCOME‑TAX

Court: 239 I T R 305