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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


Procedural lapse in filing Form 26Q cannot justify a disallowance u/s 40(a)(ia)

September 11, 2025 690 Views 0 comment Print

Chennai ITAT rules that S. 194C(6) (obtaining PAN) and S. 194C(7) (filing statement) are independent. A procedural lapse in filing Form 26Q cannot justify a disallowance u/s 40(a)(ia).

Adhoc disallowance of expenses merely on the basis of suspicion is not tenable

September 11, 2025 1212 Views 0 comment Print

ITAT Chennai held that adhoc disallowance of expenses merely on the basis of suspicion without adequate evidence and cogent reason is not tenable in law. Accordingly, adhoc disallowance under repair and maintenance and sundry expense set aside.

CIT(A) order was upheld in allowing depreciation and expenses on retention money and amount spent on club and entrance fees

September 8, 2025 645 Views 0 comment Print

The issue was regarding the disallowance of depreciation and expenses on retention money. Assessee had purchase contracts with retention money payable after successful performance of machinery and recorded the liability under the mercantile system.

Inadvertent inclusion of turnover of sister concern in GSTR-1 hence rectification of GSTR-1 permitted

September 6, 2025 855 Views 0 comment Print

Gujarat High Court permitted the petitioner to rectify Form GSTR-1 due to inadvertently showing the turnover of sister concern in Form GSTR-1 resulting into difference in outward supplies declared in Form GSTR-1 and Form GSTR-3B.

ITAT Delhi Rules on Depreciation, software expenditure, R&D, 80JJAA

September 3, 2025 777 Views 0 comment Print

A summary of the ITAT Delhi ruling on cross-appeals involving International Tractor Ltd. covering key tax issues on depreciation, R&D, and other business deductions.

Bail granted as recovered Ganja is marginally above threshold of commercial quantity under NDPS Act

August 22, 2025 1266 Views 0 comment Print

Delhi High Court held that strict application of rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not justified since quantity of Ganja recovered is marginally above threshold of commercial quantity under NDPS Act. Accordingly, bail application allowed.

No reassessment unless there was new tangible evidence found against assessee

August 14, 2025 372 Views 0 comment Print

Since no new material or facts had come to light and the AO had already applied his mind during the original assessment, the reassessment proceedings were invalid in law  accordingly, Section 148 notice was quashed.

Section 143(1) Additions Can’t Survive If Not Upheld in Section 143(3) Order

August 8, 2025 882 Views 0 comment Print

ITAT Delhi dismisses revenue’s appeal, confirming deletion of Rs. 11.05 crore disallowance for IndiGo as initial Section 143(1) order merged with final Section 143(3) assessment.

Bail u/s. 45 of PMLA granted due to prolonged custody: Delhi HC

August 4, 2025 669 Views 0 comment Print

On this foundational principle, the Court is of the view that the continued detention of the applicant cannot be justified on the sole of ground of statutory bar under Section 45. Thus, the Court is inclined to grant bail to the present applicant.

Arbitration order is non-jurisdictional as passed by Court exercising ordinary civil jurisdiction and not Commercial Court

August 2, 2025 825 Views 0 comment Print

Calcutta High Court held that application u/s. 34 of the Arbitration and Conciliation Act, 1996 decided by Court exercising ordinary original civil jurisdiction and not a Commercial Court inasmuch as the dispute between the parties is a commercial dispute is without jurisdiction.

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