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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 1725 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 12669 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 2589 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 13638 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 2682 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 1032 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 6066 Views 0 comment Print


Latest Judiciary


Receipt of interest by foreign banks on foreign currency loans to Indian concerns was taxable on gross basis

Income Tax : Interest income earned by a foreign bank from foreign currency loans extended to Indian corporates was taxable on a gross basis. S...

July 6, 2026 105 Views 0 comment Print

Gujarat HC Quashes Reassessment as Warranty Provision Was Scientifically Estimated

Income Tax : The Gujarat High Court held that a scientifically determined warranty provision qualified for consideration under settled legal pr...

July 3, 2026 153 Views 0 comment Print

Higher Employee Remuneration Cannot Be Rejected Solely Due to Lower Revenue

Income Tax : ITAT held that increased employee remuneration cannot be disallowed merely because business revenue declined where the expenditure...

July 3, 2026 189 Views 0 comment Print

Section 43CA Inapplicable to Property Transactions Initiated Before 1 April 2014: ITAT Mumbai

Income Tax : ITAT held Section 43CA did not apply as the flats were booked before the provision became effective, deleting the addition based o...

July 3, 2026 126 Views 0 comment Print

Royalty TP Adjustment deleted as TNMM Accepted as Most Appropriate Method

Income Tax : The ITAT Ahmedabad held that royalty payments should continue to be benchmarked under TNMM by following earlier decisions in the a...

July 1, 2026 117 Views 0 comment Print


Discounts Not Capital Outlay: Tribunal Rejects Intangible Asset Theory

December 9, 2025 453 Views 0 comment Print

Tribunal holds that selling goods below cost does not create marketing intangibles and cannot be capitalised as brand-building expenditure. ESOP reimbursements are reaffirmed as allowable business expenses without TDS.

ITAT Dismisses Revenue Appeal on 110 Cr Current Liabilities Dispute

December 8, 2025 462 Views 0 comment Print

Rs. 99.86 Cr out of Rs. 110 Cr added as current liabilities was deleted by CIT(A) and upheld by ITAT. Verification of ledgers, statutory dues, and party confirmations showed actual liability reduction during the year. This highlights the role of detailed evidence in defending balance sheet claims.

ITAT Deletes ₹6.67 Cr Gold Stock Additions After Complete Reconciliation

December 6, 2025 354 Views 0 comment Print

Tribunal held that additions for excess gold stock under Section 69A could not stand when purchases, job-work gold, and export stock were fully supported by invoices, confirmations, and bank records. The ruling emphasizes that reconciled and verified records override survey-time assumptions.

An order accepting bond u/s. 88 of CrPC from accused doesn’t amount to grant of bail

December 6, 2025 531 Views 0 comment Print

Tripura High Court held that an order accepting bond under section 88 of the Code of Criminal Procedure [CrPC]from the accused doesn’t amount to a grant of bail. Accordingly, the present bail application is disposed of.

Interest on Delayed Agricultural Tax Payment not allowable: Kerala HC

December 5, 2025 342 Views 0 comment Print

The Court held that interest paid for delayed Agricultural Income Tax cannot be deducted under Section 37. Since AIT itself is not deductible, the related interest also fails eligibility. The ruling confirms that such payments do not qualify as business expenditure.

Bogus Purchase Disallowance Limited to 6% Due to Genuine Sales

December 4, 2025 606 Views 0 comment Print

The Tribunal held that once sales are accepted and basic supporting documents exist, only the profit element in alleged bogus purchases can be taxed. It upheld a 6% GP addition and rejected the Revenue’s demand for 100% disallowance.

ITAT Rejects Retraction of Voluntarily Conceded Income Under Section 153A

December 2, 2025 336 Views 0 comment Print

The Tribunal dismissed the appeal against disallowance of cash payments in a film production and real estate business. Since the assessee voluntarily offered 20% initially and later 80% of cash expenses as income, the additions were valid. The ruling emphasizes that self-conceded income cannot be contested in later appeals.

Pre-Existence MOU Invalidates Transport Claim: ITAT Upholds Disallowance

November 28, 2025 285 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 360 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 456 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.

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