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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 5991 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 1170 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 12249 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 1437 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 8004 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 762 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 5556 Views 0 comment Print


Latest Judiciary


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

Income Tax : ITAT Delhi held that provision of section 43A of the Income Tax Act not invocable when there is only reinstatement of fluctuation ...

March 8, 2025 102 Views 0 comment Print

Valuation of finished goods after following stock ageing effect justifiable

Income Tax : The assessee is engaged in the business of Manufacturing & Trading of Sarees, Salwar Suites and Dress Materials. A survey u/s 133A...

February 27, 2025 222 Views 0 comment Print

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

Custom Duty : Delhi High Court held that the unlocking/activation of the mobile phone merely makes the mobile phone more usable in the destinati...

February 19, 2025 159 Views 0 comment Print

Department Cannot Selectively Rely on Seized Documents: ITAT Pune

Income Tax : A search and seizure action u/s.132 of the Act was conducted in the assessee's case on 14.11.2019. AO observed that during the cou...

February 17, 2025 261 Views 0 comment Print

Expenditure incurred for IPO, subsequently aborted, allowable being revenue in nature: ITAT

Income Tax : In the matter abovementioned ITAT deleted addition made on account of expenditure incurred for initial public offering (IPO) which...

February 17, 2025 258 Views 0 comment Print


VAT Penalty Payment Not Deductible Under Section 37: ITAT Bangalore

December 30, 2024 513 Views 0 comment Print

ITAT Bangalore rules that VAT penalty payments cannot be deducted under Section 37 of Income Tax Act, remanding case for further examination.

Contribution to Approved Superannuation Fund Deductible if not exceeds Prescribed Limit: ITAT Kolkata

December 28, 2024 195 Views 0 comment Print

These regulations do not specify any date by which the employee’s contribution/ subscription to the PF is to be deposited in the individual employee’s account under the Calcutta Port Trust Non-Contributory Provident Fund.

Deduction u/s. 37(1) allowable towards ESOP expense since it is not contingent or notional

December 27, 2024 192 Views 0 comment Print

ITAT Mumbai held that the Employee Stock Option Plans [ESOP] expenses should not be regarded contingent or notional and it should be allowed as deduction u/s 37(1) of the Income Tax Act.

Depreciation u/s. 32 not admissible as usage of car for business purpose not proved: ITAT Mumbai

December 25, 2024 213 Views 0 comment Print

ITAT Mumbai disallowed the claim of depreciation under section 32 since assessee failed to prove that car was used for the purpose of assessee’s business wholly or in part. Accordingly, appeal dismissed.

AO required to pass order within time limit prescribed u/s. 153 pursuant to remand by ITAT

December 24, 2024 729 Views 0 comment Print

The petitioner is a company registered under the Companies Act, 1956 and is a subsidiary of Huawei Technologies Coopertief U.A (Netherlands). The return of the petitioner was picked up for scrutiny.

TNMM appropriate method for determining Arm’s Length Price of management fees

December 24, 2024 654 Views 0 comment Print

ITAT Ahmedabad held that that the activities / services do not qualify as stewardship / shareholder activity. Further, assessee correctly determined Arm’s Length Price in respect of management fees by using Transaction Net Margin Method i.e. TNMM.

No Need to Prove Bad Debt Once Written Off in books: ITAT Hyderabad

December 20, 2024 1071 Views 0 comment Print

AO on perusal of the details submitted by the assessee observed that the assessee could not prove the bad debts written off in its books of accounts are, in fact bad debts and irrecoverable with relevant evidences.

Payment of 25% of disputed tax directed due to non-compliance against GST notice: Madras HC

December 19, 2024 354 Views 0 comment Print

Madras High Court held that due to non-compliance against notice issued in DRC-01A, the petitioner is directed to deposit 25% of the disputed tax and petitioner will be granted opportunity of being heard on payment of the amount.

Fixed deposits that forms part of banking business is stock-in-trade: ITAT Surat

December 17, 2024 114 Views 0 comment Print

ITAT Surat held that the Fixed Deposits can be treated as stock-in-trade if it forms part of banking business. Further, held that deposits that forms part of banking business, write off such loss will be a loss arising in the course of carrying on banking business.

Disallowance of sales promotion expense deleted as disallowance is very less as compared to turnover

December 10, 2024 648 Views 0 comment Print

ITAT Ahmedabad deleted disallowance of sales promotion expenditure since disallowance constitutes small percentage as compared to turnover of the assessee and also there is no allegation of expenditure incurred in cash.

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