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Section 37

Latest Articles


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 11502 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 867 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 7494 Views 0 comment Print

Business Expenditure Allowability under Section 37 of Income Tax Act, 1961

Income Tax : Explore statutory interpretation of Section 37 under Income Tax Act, the meaning of expenditure, and the difference between busine...

October 14, 2023 2802 Views 1 comment Print

Allowability of write off of CWIP expenses

Income Tax : Explore the landmark ITAT Chennai 2016 ruling on CWIP expense write-off in Faurecia Emissions vs. DCIT, highlighting evolving lega...

February 25, 2023 8676 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 681 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 5544 Views 0 comment Print


Latest Judiciary


Historical and empirical data must be examined prior to approving provision of expenditure: ITAT Hyderabad

Income Tax : ITAT Hyderabad held that CIT(A) without examining the historical/ empirical data of expenditure incurred by the assessee for recti...

August 13, 2024 69 Views 0 comment Print

Disallowance u/s. 14A unjustified as own funds are in excess of investments made in funds yielding excempt income: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that disallowance of interest under section 14A unjustified as assessee’s own funds are far in excess of the...

August 9, 2024 330 Views 0 comment Print

TPO has no jurisdiction to question commercial expediency or genuineness of need

Income Tax : The payments, totaling INR 15,59,64,867 for technical assistance and INR 1,99,57,161 as royalty on sales to associated enterprises...

July 22, 2024 327 Views 0 comment Print

Section 80C Deductions Should Not Be Disallowed Without Justification

Income Tax : Detailed analysis of Ramanlal Jivrajbhai Patel vs ITO case from ITAT Ahmedabad. Learn about judgments on business expenditure unde...

July 22, 2024 1131 Views 0 comment Print

Subsidiary Cannot claim Expenses Related to Holding Company’s Project

Income Tax : Explore the case of Pipelic Energy Software India Pvt Ltd Vs DCIT at Telangana High Court. Detailed analysis on why subsidiary exp...

July 15, 2024 171 Views 0 comment Print


Addition on account of ‘notional interest’ on loan given by assessee not justified

May 15, 2015 8199 Views 1 comment Print

In the absence of any specific provision under which the so called notional income on advances, could be brought to tax, we do not see as to how the impugned orders passed by the Commissioner of Income Tax can be sustained.

Expenditure on abandoned capital project can be claimed in year of abandoning project

March 23, 2015 13932 Views 0 comment Print

Following the judgment in the case of Gajapathi Naidu (supra) the question to be asked is when did the expenditure claimed by way of deduction arise? There would have been no occasion to claim the deduction if the work-in-progress had completed its course.

Capital v. Revenue: Premium paid on buyback of shares

March 4, 2015 6735 Views 0 comment Print

In a recent ruling that will have a bearing on the buyback activities, the Bombay High Court held that the premium paid for buyback of shares shall be tax deductible as business expenditure. (CIT v. Chemosyn Ltd).

Disallowance of Advertisement expense merely because same were exorbitant

December 29, 2014 15474 Views 0 comment Print

Advertisement expenditure was incurred in terms of the license agreement granting the distribution rights to the assessee by the associated enterprise, Discovery Asia Inc. Under this agreement, the respondent­ assessee had procured right to distribute the signals of Discovery

Section 37- Redemption fine paid under Customs Act, 1962 is allowable expenditure    

August 29, 2014 4825 Views 0 comment Print

The respondent-assessee, a partnership firm, was engaged at the relevant time in manufacture of organic chemicals. Under an agreement dated 9th June, 1987 with M/s India Craft, the respondent-assessee purchased 630 metric tonnes Isobutanol by sale on high-sea basis.

No disallowance of lawful expense for mere non-compliance with Company law provisions

July 27, 2014 3277 Views 0 comment Print

Assessee entered into transactions of payment of job work charges to a related party, viz., M/s Razormed Inc. during the financial year relevant to assessment year under consideration without obtaining prior approval of the Central Government in accordance with the provisions of section 297 of the Companies Act, 1956.

Expenditure on education of director is personal expenses and not allowable

July 21, 2014 6561 Views 0 comment Print

Cousel fo the Assessee submits that , the ITAT had erred in confirming the disallowance of expenditure on remuneration and training of a working Director of the Appellant-Assessee that was incurred legitimately for the efficient management

Allow deduction of Interest Paid to Government under Income Tax Act – ICAI

June 20, 2014 5544 Views 0 comment Print

Allowability of Interest paid under Incometax Act, 1961: Presently, interest paid by the Government to an assessee is chargeable to tax. However, interest paid by the assessee to the Government under various sections is not allowed as deduction while computing the total income. Interest paid by the assessee is for the use of money by […]

Provision for foreseeable loss made in accordance with guidelines of AS-7 allowable

January 22, 2014 12559 Views 0 comment Print

The sum and substance of the grievance of the assessee is that the Ld. CIT(A) has erred in upholding the request of the AO to disallow the future losses recognized by the company as per Accounting Standard -7 (AS-7) , as during original assessment proceedings there was no discussion or disallowance on this ground.

Disallowance on account of bad debt & advances written off not justifed

August 25, 2013 34943 Views 0 comment Print

Amount of advance given to M/s Dhillon Kool Drinks and Beverages Limited was advanced in the course of business. It is undisputed that the advances became irrecoverable. In such situation, as per the ratio emanating from the decision of the Hon’ble Jurisdictional High Court in the case

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