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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


Allowability of Unfunded actuarial liability for pension in respect of employees payable till death

March 1, 2011 2860 Views 0 comment Print

Brooke Bond India Ltd. Vs. JCIT & Anr. (Calcutta High Court) – Tribunal was justified in law in not allowing the sum of Rs.1,43,35,000/- which represents the liability on account of pension on the basis of the resolution of the Board payable to the employee till their death. Whether, the liability on account of pension on the basis of the provisions made should be allowed for the period till the death of the employees or all liabilities should be limited for the period of accounting year relevant to this assessment year.

Department has to analyse process of "duplication" of software undertaken by assessee to determine nature of royalty payment

May 6, 2010 453 Views 0 comment Print

These two civil appeals are filed by the Department against the order dated 2nd September, 2008, of the Gujarat High Court refusing to formulate, inter alia, the following question of law: “Whether the Income Tax Appellate Tribunal, in the facts and circumstances of this case, was right in confirming the order passed by the Commissioner of Income Tax (Appeals) deleting the additions made by the Assessing Officer on account of

Provision for warranty is allowable if in past defects were there in products: SC

June 21, 2009 8814 Views 0 comment Print

10. What is a provision? This is the question which needs to be answered. A provision is a liability which can be measured only by using a substantial degree of estimation. A provision is recognized when: (a) an enterprise has a present obligation as a result of a past event; (b) it is probable that an outflow of resources will be required to settle the obligation; and (c) a reliable estimate can be made of the amount of the obligation

No disallowance for interest free advance given to sister concern out of own funds

February 19, 2008 5712 Views 0 comment Print

the assessee advanced interest free loan to its sister concern amounting to Rs.5 lacs. According to the Tribunal, there was nothing on record to show that the loans were given to the sister concern by the assessee-firm out of its Own Funds and, therefore, it was not entitled to claim deduction under Section 36(1)(iii). Munjal Sales Corporation Vs.CIT (Supreme Court)

Rajasthan State Warehousing Corporation Vs. CIT – Supreme Court

February 23, 2000 4359 Views 0 comment Print

Shri C.S. Vaidyanathan, Shri Ashok Desai, Shri V. Gauri Shankar, Dr. D.P. Pal, Shri Joseph Vellapally, Shri K.N. Shukla, Shri Pallav Shishodia, Shri A.P. Medh, Ms. Priya Hingorani, Shri B.K. Prasad, Shri S.N. Terdol, Shri S. Rajappa, Ms. Hemantika Wahi, Shri N.L. Garg, Shri C.V. Subba Rao, Shri Ranbir Chandra, Ms. Sumita Hazarika, Shri S.K. Dwivedi, Shri Tarun Gulati

Addition for notional interest in absence of actual receipt not justified

November 13, 1992 1870 Views 0 comment Print

There is no finding of fact to the effect that actually the loan had been granted to the managing director or any other person on interest, or that interest had actually been collected and the collection of the interest was not reflected in the accounts.

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