3.3. WHICH EXPENSES ARE CONSIDERED AS “EXPENSES NOT DEDUCTIBLE” ?
The following amounts shall not be deducted in computing the income chargeable under the head “Profits and gains of business or profession”,—
1. Any interest, royalty, fees for technical services or other sum chargeable under this Act, which is payable,—
(A) Outside India; or
(B) In India to a non-resident, not being a company or to a foreign company,
on which tax is deductible at source and such tax has not been deducted or, after deduction, has not been paid during the previous year, or in the subsequent year before the expiry of the time.
2. Any interest, commission or brokerage,, fees for professional services or fees for technical services payable to a resident, or amounts payable to a contractor or subcontractor, being resident, for carrying out any work, on which tax is deductible at source and such tax has not been deducted or, after deduction, has not been paid,—
3. Any sum paid on account of securities transaction tax
4. Any sum paid on account of any rate or tax levied on the profits or gains of any business or profession or assessed at a proportion of, or otherwise on the basis of, any such profits or gains is not deductible.
5. any sum paid on account of wealth-tax.
6. any payment which is chargeable under the head “Salaries”, if it is payable—
(A) outside India; or
(B) to a non-resident,
and if the tax has not been paid thereon nor deducted therefrom.
7. Any payment to a provident or other fund established for the benefit of employees of the assessee, unless the tax shall bededucted at source from any payments made
8. Where the assessee incurs any expenditure in respect of which payment is made in a sum exceeding twenty thousand rupees (Rs.20,000) otherwise than by an account payee cheque drawn on a bank or account payee bank draft, no deduction shall be allowed in respect of such expenditure.
9. Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods, services or facilities for which the payment is made shall not be allowed as a deduction.
10. No deduction shall be allowed in respect of any provision made by the assessee for the payment of Gratuity to his employees on their Retirement or on Termination of their employment for any reason.