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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


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

December 24, 2024 1176 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 2400 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 711 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 393 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 1446 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.

Disallowance not justified as expenditure mistakenly presumed as personal expenditure: ITAT Delhi

December 10, 2024 909 Views 0 comment Print

ITAT Delhi held that disallowance @10% of personnel expenditure not justified since AO mistakenly presumed expenses claimed by assessee as personal expenditure instead of personnel expenditure. Thus, appeal allowed.

Bail granted following the principle that bail is a rule and jail is an exception: Allahabad HC

December 10, 2024 594 Views 0 comment Print

Allahabad High Court granted bail to applicant involved in criminal matter based on the principle of ‘bail is a rule and jail is an exception’ and also concluding that there are no chance of absconding.

Conditional bail granted to CHA involved in transport of drugs since already in custody for 3 years: Bombay HC

December 9, 2024 582 Views 0 comment Print

Bombay High Court granted conditional bail to Customs House Agent involved in transportation of drugs since applicant is already in custody for last 3 years and conclusion of trial in near future is a remote possibility.

Cost imposed as order issued u/s. 143(3) wrongly challenged assuming it as draft assessment order u/s. 144C

December 9, 2024 837 Views 0 comment Print

Delhi High Court held that order issued u/s. 143(3) of the Income Tax Act wrongly challenged on the assumption that it is draft assessment order u/s. 144C is untenable in law. Accordingly, cost of ₹1,00,000/- imposed on petitioner.

Bail rejected as threshold of Section 37 of NDPS Act not crossed: Delhi HC

December 6, 2024 1371 Views 0 comment Print

Delhi High Court held that since court is unable to reach to conclusion that applicant is not guilty and also the threshold of section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not crossed, the bail application is rejected.

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