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Section 37

Latest Articles


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 6828 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 1263 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 12321 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 1494 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 8061 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 768 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 5562 Views 0 comment Print


Latest Judiciary


Deduction u/s. 80G eligible even if donations are part of CSR expenditure: ITAT Mumbai

Income Tax : ITAT Mumbai held that deduction under section 80G of the Income Tax Act eligible towards donations, even if donations are part of ...

April 14, 2025 72 Views 0 comment Print

Section 56(2)(x) Addition Deleted as Price Variation was Within 10% Tolerance

Income Tax : ITAT Mumbai held that addition under section 56(2)(x) of the Income Tax Act not justified since value adopted by the DVO and actua...

April 12, 2025 120 Views 0 comment Print

Discount on issue of ESOP allowed as deduction: ITAT Delhi

Income Tax : ITAT Delhi held that discount on issue of Employee Stock Ownership Plan [ESOP] is allowable as deduction under section 37 of the I...

April 10, 2025 171 Views 0 comment Print

Provisioning for Asset Reconstruction Cost justified as AS 29 prescriptions qualified

Income Tax : Delhi High Court held that the provisioning for Asset Reconstruction Cost qualified the prescriptions of AS 29 and the assessee wa...

April 10, 2025 105 Views 0 comment Print

Disallowance of delayed employees’ contribution vide u/s. 143(1) sustained based on auditor’s observation

Income Tax : ITAT Ahmedabad held that disallowance of delayed payment of employees’ contribution to EPF and ESI in terms of section 143(1) of...

April 9, 2025 189 Views 0 comment Print


GST Refund admissible if State of Telangana failed to transfer relevant TDS amount pertaining to State of Maharashtra

April 1, 2025 210 Views 0 comment Print

The petitioner raised bills on respondent No.4 based on the works executed from time to time, TDS @ 2% on the total value of the bills were recovered by respondent No.4 for the value of works executed in the State of Telangana and Maharashtra.

Existence of International Transaction Must Be Analyzed Before Benchmarking AMP Expense

March 31, 2025 81 Views 0 comment Print

Delhi High Court held that before undertaking a benchmarking of Advertisement, Marketing and Promotion [AMP expenses], it was incumbent upon the TPO to have found that an international transaction had, in fact, occurred. Thus, appeal of revenue dismissed.

AO cannot disallow tanker expenses on ad-hoc basis without justification: ITAT Raipur

March 24, 2025 591 Views 0 comment Print

A similar claim for deduction as was raised by assessee-firm in the preceding year had been allowed by the department, but also the fact that the GP/NP rates of assessee firm were progressive as in comparison to the preceding year.

Expenses incurred by statutory authority was allowable as business expenditure

March 19, 2025 96 Views 0 comment Print

Assessee claimed deduction of IMC Transfer Expenses, City Environment Expenses, Contribution and Aid Expenses, Land Acquisition and Diversion Expenses which the AO disallowed the same.

Non-Service Tax Liability Amount Allowable as Expense U/S 37: ITAT Ahmedabad

March 18, 2025 84 Views 0 comment Print

The assessee acts as a corporate agent for Max Life Insurance Company in respect of marketing it’s insurance policies. The assessee charges commission from Max Life in lieu of rendering such services.

No Deduction U/S 80IA Without Agreement With Govt/Authority: ITAT Mumbai

March 18, 2025 159 Views 0 comment Print

Assessee was specifically asked to justify its claim as the agreement had to be with (a) Central Government (b) State Government (c) Local Authority or (d) Statutory Authority and LMRCL did not fit in any of the four categories.

Revisionary jurisdiction u/s. 263 not invocable as twin pre-conditions not satisfied

March 17, 2025 120 Views 0 comment Print

ITAT Ahmedabad held that assessment order passed u/s. 143(3) is neither erroneous nor prejudicial to the interest of revenue. Hence, revisionary jurisdiction u/s. 263 of the Income Tax Act not justifiable as twin pre-conditions not satisfied.

Section 43A not invocable when there is only reinstatement of fluctuation loss

March 8, 2025 222 Views 0 comment Print

ITAT Delhi held that provision of section 43A of the Income Tax Act not invocable when there is only reinstatement of fluctuation loss as per accounting standards and there is no actual payment or remittance. Thus, appeal allowed.

Valuation of finished goods after following stock ageing effect justifiable

February 27, 2025 252 Views 0 comment Print

The assessee is engaged in the business of Manufacturing & Trading of Sarees, Salwar Suites and Dress Materials. A survey u/s 133A of the Act was carried out on the business premises of the assessee on 26.11.2014.

Duty drawback post unlocking/activation of mobile phone eligible: Delhi HC

February 19, 2025 231 Views 0 comment Print

Delhi High Court held that the unlocking/activation of the mobile phone merely makes the mobile phone more usable in the destination country and the same would therefore not constitute “taken into use” under proviso to Rule 3 of Duty Drawback Rules.

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