CS Professional · Advanced Direct Tax Laws and Practice · Computation of Total Income, Tax Liability and Filing of Returns of various Entities excluding Companies
Sharma Industries, a firm, incurred a liability of ₹60,000 for a fee levied under law in tax year 2025-26 and claimed and was allowed the deduction in that year because it was paid before the return due date. It is shown as paid again in the books of 2026-27 on a different date. Which statement is correct under section 37?
The ₹60,000 is not allowed again in 2026-27. Section 37(5) bars a second deduction in a later year when the sum has already been allowed in the year the liability was incurred, so payment in the later year gives no further deduction.
- AThe ₹60,000 is allowed again in 2026-27 because payment occurred in that year
- BThe ₹60,000 is not allowed again in 2026-27, since it was already allowed in the year the liability was incurredCorrect
- CThe ₹60,000 is allowed in 2026-27 at 50%
- DThe ₹60,000 is allowed in 2026-27 only if the earlier deduction is withdrawn
Explanation
Section 37(5) provides that where a deduction for a sum payable under section 37(2) has already been allowed in the year the liability was incurred, it is not allowed again in a later year when paid. This prevents double deduction.
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