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Section 37

Latest Articles


Disallowed Expenses While Calculating Profits & Gains of Business or Profession

Income Tax : Learn about disallowed expenses under PGBP in India's Income Tax Act. Understand key sections like 37, 40, and 40A, and their impa...

October 7, 2024 6729 Views 0 comment Print

TDS Obligations: Reimbursement of Expenses vs. Fee for Technical Services

Income Tax : Delhi HC rules reimbursements to NRAEs not subject to TDS as "fees for technical services," clarifying scope of Section 9(1)(vii) ...

September 25, 2024 1251 Views 0 comment Print

Understanding Section 43B(h) | Impact on MSME Payments

Income Tax : Understand the impact of Section 43B(h) on businesses: Learn about deductions for MSME payments and the importance of timely payme...

April 2, 2024 12312 Views 3 comments Print

Transfer or Assignment of Trademark

Corporate Law : Discover the process and types of trademark assignment. Learn about procedures, required documents, and benefits for a smooth tran...

March 18, 2024 1485 Views 0 comment Print

Section 16(4): Will Delayed filing of return cost availability of ITC to Defaulters?

Goods and Services Tax : Explore the critical implications of Section 16(4) of the CGST Act, 2017 on taxpayers' Input Tax Credit (ITC) eligibility and the ...

March 2, 2024 8055 Views 0 comment Print


Latest News


Draft Competition Commission of India (General) Amendment Regulations, 2024

Corporate Law : Explore the proposed amendments to Regulations 35, 37, and 50 of the Competition Commission of India (General) Regulations 2009. L...

February 26, 2024 765 Views 0 comment Print

Allow deduction of Interest Paid to Government under Income Tax Act – ICAI

Income Tax : Allowability of Interest paid under Incometax Act, 1961: Presently, interest paid by the Government to an assessee is chargeable t...

June 20, 2014 5562 Views 0 comment Print


Latest Judiciary


Section 56(2)(x) Addition Deleted as Price Variation was Within 10% Tolerance

Income Tax : ITAT Mumbai held that addition under section 56(2)(x) of the Income Tax Act not justified since value adopted by the DVO and actua...

April 12, 2025 45 Views 0 comment Print

Discount on issue of ESOP allowed as deduction: ITAT Delhi

Income Tax : ITAT Delhi held that discount on issue of Employee Stock Ownership Plan [ESOP] is allowable as deduction under section 37 of the I...

April 10, 2025 132 Views 0 comment Print

Provisioning for Asset Reconstruction Cost justified as AS 29 prescriptions qualified

Income Tax : Delhi High Court held that the provisioning for Asset Reconstruction Cost qualified the prescriptions of AS 29 and the assessee wa...

April 10, 2025 63 Views 0 comment Print

Disallowance of delayed employees’ contribution vide u/s. 143(1) sustained based on auditor’s observation

Income Tax : ITAT Ahmedabad held that disallowance of delayed payment of employees’ contribution to EPF and ESI in terms of section 143(1) of...

April 9, 2025 159 Views 0 comment Print

Employees’ contribution to PF/ESI after statutory due dates not deductible: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that employees’ contribution to PF/ESI after statutory due dates but before due date of filing income tax re...

April 9, 2025 57 Views 0 comment Print


Latest Posts in Section 37

Section 56(2)(x) Addition Deleted as Price Variation was Within 10% Tolerance

April 12, 2025 45 Views 0 comment Print

ITAT Mumbai held that addition under section 56(2)(x) of the Income Tax Act not justified since value adopted by the DVO and actual purchase price declared by the assessee falls within the tolerance limit of 10%. Accordingly, appeal allowed.

Discount on issue of ESOP allowed as deduction: ITAT Delhi

April 10, 2025 132 Views 0 comment Print

ITAT Delhi held that discount on issue of Employee Stock Ownership Plan [ESOP] is allowable as deduction under section 37 of the Income Tax Act. Accordingly, additional claim of ESOP expense allowed.

Provisioning for Asset Reconstruction Cost justified as AS 29 prescriptions qualified

April 10, 2025 63 Views 0 comment Print

Delhi High Court held that the provisioning for Asset Reconstruction Cost qualified the prescriptions of AS 29 and the assessee was thus justified in accounting for the same. Thus, that question is answered in favour of assessee.

Disallowance of delayed employees’ contribution vide u/s. 143(1) sustained based on auditor’s observation

April 9, 2025 159 Views 0 comment Print

ITAT Ahmedabad held that disallowance of delayed payment of employees’ contribution to EPF and ESI in terms of section 143(1) of the Income Tax Act can be made based on auditor’s observation. Accordingly, disallowance upheld.

Employees’ contribution to PF/ESI after statutory due dates not deductible: ITAT Ahmedabad

April 9, 2025 57 Views 0 comment Print

ITAT Ahmedabad held that employees’ contribution to PF/ESI after statutory due dates but before due date of filing income tax returns not allowable as deduction. Accordingly, appeal of the assessee dismissed.

Payment of interest and penalty due to default in payment of license fee is revenue expenditure

April 8, 2025 90 Views 0 comment Print

ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the same is revenue expenditure. Accordingly, PCIT classifying them to be capital expenditure is not sustainable.

Entire R&D expense in India is eligible for weighted deduction u/s. 35(2AB): ITAT Pune

April 8, 2025 57 Views 0 comment Print

ITAT Pune held that entire amount of R&D expense in India is eligible for weighted deduction u/s. 35(2AB) and R&D capital expense outside India is eligible for deduction u/s. 35(1)(iv) of the Income Tax Act.

Matter was restored related to disallowance of ₹5.11 Crore Forex Loss on ECB Settlement

April 7, 2025 156 Views 0 comment Print

The ECB purpose was declared to the RBI for both imported and locally sourced capital goods. However, the claim was disallowed under Section 143(1) due to inconsistencies between the tax audit report and the return of income.

Interest disallowance not justified if commercial expediency exists in giving interest free advances

April 5, 2025 264 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure attributable to interest-free advances not justified since sufficient interest free funds available and also there existed commercial expediency in giving interest free advances. Accordingly, appeal of revenue dismissed.

GST Refund admissible if State of Telangana failed to transfer relevant TDS amount pertaining to State of Maharashtra

April 1, 2025 207 Views 0 comment Print

The petitioner raised bills on respondent No.4 based on the works executed from time to time, TDS @ 2% on the total value of the bills were recovered by respondent No.4 for the value of works executed in the State of Telangana and Maharashtra.

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