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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 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 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


Tax Relief on Peak Credit: ITAT Accepts Source of Funds Proved by Group Entity Confirmations

October 16, 2025 324 Views 0 comment Print

The ITAT Delhi fully dismissed the Revenue’s appeal, confirming the deletion of both the Rs.8.09 Cr peak credit addition and the Rs.49.54 Lakh interest disallowance after the assessee proved the sufficiency of own capital and commercial expediency. Consequently, the assessee’s cross-objection against the validity of the reassessment was dismissed as infructuous, reinforcing that no addition can be sustained without adequate proof of unexplained income.

Provision for consumer loyalty program was an allowable deduction u/s 37 and no TP adjustment as profits of eligible units were at arm’s length

October 16, 2025 576 Views 0 comment Print

Provision for customer loyalty points, computed on a scientific and consistent basis, constituted a present and ascertained liability deductible under Section 37(1). Disallowance u/s 14A was deleted since no exempt income was earned during the year.

Invocation of jurisdiction u/s. 73 of CGST Act without issuing Form GST ASMT-10 is not justified

October 15, 2025 1893 Views 0 comment Print

Gauhati High Court held that initiation of proceedings under section 73 of the CGST Act, 2017 without issuing Form GST ASMT-10 as prescribed under section 61 of the CGST Act, 2017 is invalid. Accordingly, held that action is contrary to the provisions of law.

PF/ESI Due Date Relief: ITAT Remands Verification of Employee Contribution Linked to Actual Salary Payment

October 14, 2025 696 Views 0 comment Print

The ITAT Delhi remanded the disallowance of employee PF/ESI contributions under 36(1)(va), holding that the due date for deposit is calculated from the actual date of salary disbursement, not the calendar month of accrual. The AO was directed to verify if the deposit was made within 15 days of the month of actual payment to allow the deduction.c

PCIT Rightly Invoked : AO Ignored Mandatory DSIR Form 3CL for R&D Deduction

October 11, 2025 567 Views 0 comment Print

The ITAT confirmed the revision, ruling the AO’s failure to restrict the deduction to the DSIR-approved amount in Form 3CL was an error contrary to the amended law, causing prejudice to the revenue. Post-2016 amendments make this verification mandatory.

Revision u/s. 263 not justifiable as AO took most plausible view

October 9, 2025 402 Views 0 comment Print

ITAT Mumbai held that revisionary proceeding under section 263 of the Income Tax Act not justifiable when AO has taken most plausible view. Accordingly, appeal is allowed to that extent.

Bail application in case of fake investment scheme allowed on account of delayed trial

October 8, 2025 1137 Views 0 comment Print

Delhi High Court held that bail application in case of money laundering and fake investment scheme allowed on account of delayed trial and there being no possibility of the trial concluding in the near future.

Ad hoc Expense Disallowance & Alleged Inflated Vessel Valuation Deleted – ITAT Delhi

October 3, 2025 462 Views 0 comment Print

ITAT Delhi deletes AO’s ad hoc 50% expense disallowance and excess vessel cost addition for JITF Waterways. Upholds CIT(A)’s reliance on S43(1) Expl. (6) for asset cost.

Disallowance to be made u/s. 37 and not u/s. 69C when genuineness of expense doubted

September 30, 2025 900 Views 0 comment Print

ITAT Delhi held that since nature of expense i.e. purchase and source of expense not doubted and only genuineness of expense is doubted, the disallowance has to be made under section 37 of the Income Tax Act and not under section 69C. Accordingly, order of PCIT set aside.

No Double Taxation – Perquisites Taxed in Director’s Hands – ITAT Deletes Disallowance u/s 37

September 23, 2025 426 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi, in the case of Dalmia (Bros) Pvt. Ltd. vs DCIT, ruled that expenses on vehicle maintenance and club fees, when taxed as perquisites in the hands of directors and employees,

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