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Corporate TaxArticle·4 April 2026

Business Activity Test

By J the App

Executive Summary

In a pragmatic ruling, the ITAT Delhi Bench held that the mere absence of significant business turnover does not justify outright denial of business expenditure where some business activity exists. 

Rejecting a strict “no business” stance, the Tribunal allowed most expenses and restricted disallowance to a reasonable lump sum, emphasizing substance over form and cautioning against mechanical disallowances.


Factual Matrix & Core Controversy

The assessee, engaged in real estate and trading of building materials, reported:

• Predominantly rental income ...

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