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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 11886 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 96 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 219 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 153 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


Pre-Existence MOU Invalidates Transport Claim: ITAT Upholds Disallowance

November 28, 2025 252 Views 0 comment Print

Transportation and sub-contract expenses were disallowed as the supporting MOU predated the JV formation. The court upheld the Assessing Officer’s disallowance, noting no contractual or statutory basis for the claim. This highlights the importance of valid agreements for claiming business deductions.

Disallowance Based on Suspicion Rejected: ITAT Allows ₹1.95 Cr Interest Claim

November 28, 2025 330 Views 0 comment Print

The Tribunal held that suspicion or reference to unconnected investigations cannot justify denying legitimate interest expenditure. It reiterated that opening balances accepted in earlier years cannot be treated as non-genuine in a subsequent year without contrary evidence.

Disallowances Sustained Due to Lack of Evidence Against CIT(A)’s Verification

November 19, 2025 417 Views 0 comment Print

The Tribunal upheld the CIT(A)’s findings after noting the assessee produced no evidence to counter verified disallowances. Key takeaway: appellate relief requires substantiated rebuttal of factual verification.

Section 271(1)(c) Penalty Unsustainable for Genuine Accounting Entries

November 19, 2025 465 Views 0 comment Print

The Tribunal found no evidence of concealment since the assessee had transparently disclosed impairment, CENVAT credit treatment, and revenue recognition. It ruled that Section 271(1)(c) cannot be invoked merely because the AO made additions.

No Downward Adjustment Under 80IA Because CPP Transfer Valued Using SEB Consumer Tariff

November 19, 2025 591 Views 0 comment Print

The tribunal held that the State Electricity Board consumer tariff of ₹6.62/unit was the valid internal CUP for captive power transfer. Rejecting comparisons with generating companies, it ruled that no downward adjustment was required. The key takeaway is that actual SEB purchase rates can reliably determine market value for 80IA claims.

Contractual Late Delivery Charges Not Penalty, Reopening Without New Material invalid

November 18, 2025 594 Views 0 comment Print

The Tribunal held that reassessment was invalid since the original scrutiny had already examined the issue and no fresh information indicating suppression or omission was found. Reopening based solely on a change of opinion was rejected. The ruling reinforces that section 147 requires tangible new material.

Intra-Group Services Allowed as Genuine – ALP Review Sent Back to TPO

November 17, 2025 483 Views 0 comment Print

ITAT emphasized that taxpayers must substantiate the receipt and benefit of group services, remanding the matter due to inadequate examination by lower authorities.

Compounding Fees for Unauthorized Construction not allowable: ITAT Bangalore

November 16, 2025 1077 Views 0 comment Print

Tribunal upholds disallowance of ₹76 lakh paid for regularizing building deviations, ruling such compounding fees are penalties under Section 37(1) and not deductible.

Singapore entity not conduit, satisfies PPT test; Grants LTCG exemption: ITAT Mumbai

November 11, 2025 1287 Views 0 comment Print

Tribunal held that tax authorities erred in invoking Article 24A to deny capital gains exemption under Article 13(4A) without first satisfying preconditions of economic substance. The decision underscores that anti-abuse provisions cannot override bona fide investments made before 2017.

SC Sets Aside Arbitral Award: Arbitrator Cannot Rewrite Catering Contract

November 10, 2025 714 Views 0 comment Print

The Supreme Court found that the arbitrator rewrote contract terms contrary to a Railway Board policy circular and thus committed “patent illegality” under Arbitration and Conciliation Act, 1996. The award was quashed, and the High Court’s affirmance set aside.

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