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Section 37

Latest Articles


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 11346 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 705 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 7329 Views 0 comment Print

Business Expenditure Allowability under Section 37 of Income Tax Act, 1961

Income Tax : Explore statutory interpretation of Section 37 under Income Tax Act, the meaning of expenditure, and the difference between busine...

October 14, 2023 2712 Views 1 comment Print

Allowability of write off of CWIP expenses

Income Tax : Explore the landmark ITAT Chennai 2016 ruling on CWIP expense write-off in Faurecia Emissions vs. DCIT, highlighting evolving lega...

February 25, 2023 8361 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 654 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 5535 Views 0 comment Print


Latest Judiciary


Subsidiary Cannot claim Expenses Related to Holding Company’s Project

Income Tax : Explore the case of Pipelic Energy Software India Pvt Ltd Vs DCIT at Telangana High Court. Detailed analysis on why subsidiary exp...

July 15, 2024 144 Views 0 comment Print

Deduction cannot be Denied for mere Wrong Classification in ITR: ITAT Chennai

Income Tax : Chennai ITAT ruled that incorrect classification in ITR cannot deny genuine deductions. Learn about the National Contracting Compa...

July 3, 2024 627 Views 0 comment Print

PMLA, 2002: ED can Prosecute Violations of Sections 3 & 4 Based on Predicate Offense

Corporate Law : Detailed analysis of Pirtpal Singh vs Directorate of Enforcement case by Punjab and Haryana HC, regarding PMLA prosecution based o...

June 30, 2024 243 Views 0 comment Print

Interest Income from money lending business assessable as Business Income

Income Tax : Read detailed analysis of ITAT Mumbai's order regarding interest income from money lending assessed as business income in Kamlakan...

June 15, 2024 483 Views 0 comment Print

IBNR Provisioning is Not Contingent Liability & deductible U/s 37: Delhi HC

Income Tax : Delhi High Court's ruling in PCIT Vs. Care Health Insurance Limited regarding IBNR provisioning and unsettled claims. Detailed ana...

June 14, 2024 381 Views 0 comment Print


Revisionary proceedings u/s 263 justified as AO passed order without necessary enquiry

August 25, 2023 480 Views 0 comment Print

ITAT Bangalore held that PCIT duly invoked provisions of section 263 of the Income Tax Act as assessment order was passed by AO without carrying out necessary enquiry/verification.

Arbitral award cannot be set aside on mere possibility of alternative view on facts or interpretation of contract: SC

August 24, 2023 1293 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court while restoring the award of Arbitral Tribunal observed that it is well-settled that courts ought not to interfere with the arbitral award in a casual and cavalier manner.

Amount received mistakenly and returned back with interest is allowable as deduction u/s 37

August 20, 2023 744 Views 0 comment Print

ITAT Delhi held that amount which was mistakenly received and returned with interest by virtue of order of the Court is allowable as deduction under section 37 of the Income Tax Act.

Passing of revisionary order u/s 263 without issuance of notice on subject matter is unjustified

August 20, 2023 348 Views 0 comment Print

ITAT Surat restored the matter back to the file of Pr. CIT as revisionary order under section 263 of the Income Tax Act cannot be passed without issuance of show cause notice on the subject matter. Such revisionary order is against the principal of natural justice.

High Court doesn’t have power to modify arbitral award

August 19, 2023 7776 Views 0 comment Print

Supreme Court held that the court is powerless to modify award and can only set aside partially, or wholly, an award. Accordingly, High Court has no reason to interfere with the arbitrator’s finding on interest accrued and payable.

Section 194H doesn’t apply on sells of pre-paid SIM at discounted price to distributors

August 19, 2023 831 Views 0 comment Print

ITAT Delhi held that provisions of section 194H of the Income Tax Act are not applicable on sells of pre-paid SIM at discounted price to the distributors. Further, as no TDS deductible, disallowance u/s 40(a)(ia) cannot be sustained.

Expenditure on scientific research not certified by DSIR is allowable as deduction u/s 37

August 17, 2023 894 Views 0 comment Print

ITAT Bangalore held that weighted deduction u/s 35(2AB) is not allowable for expenditure incurred on scientific research as the same are not certified by DSIR. However, such expenditure are allowable as deduction u/s 37 of the Income Tax Act.

Section 29A(3) of A&C Act doesn’t require written consent for extending arbitral period

August 10, 2023 4200 Views 0 comment Print

Himachal Pradesh High Court held that under Section 29A(3) of the Arbitration and Conciliation Act (A&C Act), there is no requirement that consent of the parties has to be expressed and that too, in writing for extending the arbitral period.

Section 36(1)(viia) Deduction for Bad & Doubtful Debts Allowed Regardless of Rural & Non-Rural Advances

August 8, 2023 4176 Views 0 comment Print

ITAT Mumbai held that deduction u/s 36(1)(viia) of the Income Tax Act towards Provision for bad and doubtful debts allowable irrespective of rural advance and non-rural advances.

Addition towards unexplained cash credit unsustainable as identity & creditworthiness proved

August 8, 2023 1167 Views 0 comment Print

ITAT Kolkata held that addition under section 68 towards unexplained cash credit unsustainable as assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing company.

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