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Section 37

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Gayatri Balaswamy Judgment: Balancing between finality & autonomy

Corporate Law : Supreme Court clarifies power to modify arbitral awards under Section 34 in Gayatri Balaswamy case, raising questions on finality,...

June 9, 2025 1641 Views 0 comment Print

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 11880 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 2463 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 13503 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 2562 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 993 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 6036 Views 0 comment Print


Latest Judiciary


Reversal of Previously Disallowed Securitisation Provisions Cannot Be Taxed Again: ITAT Mumbai

Income Tax : The Mumbai ITAT held that reversal of securitisation provisions already disallowed in earlier years cannot be taxed again upon wri...

May 21, 2026 93 Views 0 comment Print

ITAT Deletes Section 35(2AB) Disallowance as AO Cannot Override DSIR Approval

Income Tax : The Chennai ITAT held that deductions approved by DSIR under Section 35(2AB) cannot be disallowed merely on the basis of survey st...

May 20, 2026 114 Views 0 comment Print

SC Allows Deduction of Grants as They Were Part of Statutory Business Activity

Income Tax : The Supreme Court held that grants disbursed by a statutory corporation formed part of its core business functions and qualified a...

May 20, 2026 213 Views 0 comment Print

No 271D Penalty Without Clear Finding of 269SS Violation: ITAT Deletes ₹1 Crore Penalty

Income Tax : The Tribunal ruled that mere observations about cash transactions are insufficient to levy penalty under Section 271D. A specific ...

May 18, 2026 150 Views 0 comment Print

ITAT Deletes Software Cost Mark-Up Addition Holding Pure Reimbursement Is Not Profit-Making Service

Income Tax : The ITAT Delhi ruled that reimbursement of software costs to foreign AEs on a cost-to-cost basis could not be treated as a profit-...

May 16, 2026 147 Views 0 comment Print


Interest on Delayed DTH Licence Fee Recognized as Deductible Liability

December 15, 2025 321 Views 0 comment Print

ITAT Delhi ruled that annual revenue-linked DTH licence fees are revenue expenses under Section 37, not capital under Section 35ABB, allowing full deduction for the assessee.

Bank Rates Not Comparable: ITAT Upholds 0.25% Corporate Guarantee Benchmark

December 15, 2025 528 Views 0 comment Print

The issue concerned an upward transfer pricing adjustment on corporate guarantee fees charged to AEs. The Tribunal upheld the fee at 0.25% as arm’s length, citing prior ITAT precedents. The takeaway: valid comparable data and indemnification protect against such adjustments.

Revision proceeding u/s. 263 quashed as AO has taken plausible view

December 15, 2025 393 Views 0 comment Print

ITAT Hyderabad held that invocation of revisionary jurisdiction under section 263 of the Income Tax Act unsustainable since AO has taken plausible view. Accordingly, assessment order is neither erroneous nor prejudicial hence revision order quashed.

Order Set Aside as CIT(A) Relied on Additional Evidence Without Remand Report

December 13, 2025 1425 Views 0 comment Print

Revenue challenged deletions of additions in a scrutiny assessment, highlighting procedural lapses under Rule 46A. Tribunal remitted the matter for fresh adjudication considering additional evidence filed by the assessee.

Rs. 87.65-Crore ‘Bogus Purchase’ Disallowance Remanded for Fresh Verification

December 13, 2025 594 Views 0 comment Print

ITAT Pune sent back the issue of alleged bogus purchases for A.Y. 2017-18, directing AO to examine GST closure letters, transportation evidence, and other supporting documents to determine genuineness.

ITAT Rejects Revenue’s Addition Based Only on Third-Party Statement

December 12, 2025 996 Views 0 comment Print

Mumbai ITAT ruled that retracted statements of a third-party transporter cannot justify additions without corroborative material. Detailed invoices, delivery challans, and proof of goods movement demonstrated genuine business expenses, resulting in dismissal of Revenue appeals.

Search Return Can Reduce Income; U/s 69A Fails & CSR Eligible U/s 80G

December 12, 2025 552 Views 0 comment Print

ITAT Mumbai held that disallowance under Section 14A cannot exceed the exempt income, upholding judicial precedents and deleting Rs. 6.66 crore addition, emphasizing that hypothetical income cannot be taxed.

ITAT Deletes ESOP Disallowance but Remands TP Comparables Over Functional Mismatch

December 12, 2025 402 Views 0 comment Print

ITAT Bangalore allowed deduction of ₹55.4 crore ESOP expenses under section 37, holding it as employee compensation cost. ESOP costs may be deductible even if cross-charged from parent company.

Consortium Members Not Individually Liable: ITAT Clarifies AOP Taxation

December 12, 2025 387 Views 0 comment Print

The Tribunal quashed additions for bogus purchases, cash seizures, and transfer pricing adjustments, affirming the AOP’s unified management and correct taxation at the consortium level.

Deduction Denied for Non-Lending Income: Supreme Court Restricts Section 36(1)(viii) to First-Degree Lending Profits

December 12, 2025 537 Views 0 comment Print

The Court held that dividend income, bank-deposit interest, and SDF service charges are not derived from long-term finance. Only direct lending profits qualify for the deduction.

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