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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


Software license fees duration less than two years is revenue expenditure: ITAT Bangalore

March 16, 2024 654 Views 0 comment Print

ITAT Bangalore held that if the duration of software license is less than two years, then it should be treated as revenue expenditure and if the duration is more than two years, then it should be treated as capital expenditure.

IGST Refund Interest Cannot Be Denied even if interest not claimed: Delhi HC

March 9, 2024 882 Views 0 comment Print

Delhi High Court orders IGST refund with interest under Section 56 of DGST/CGST Act, clarifying entitlement even if not claimed in the refund application.

NCLAT Rules NCLT Can Decide Trademark Issues in IBC Cases

March 3, 2024 513 Views 0 comment Print

Gloster Cables claims ownership of the GLOSTER trademark in a dispute with Fort Gloster during insolvency proceedings. Learn about the arguments on jurisdiction, assignment validity, and the impact of the BIFR order.

Section 16(4): Will Delayed filing of return cost availability of ITC to Defaulters?

March 2, 2024 7494 Views 0 comment Print

Explore the critical implications of Section 16(4) of the CGST Act, 2017 on taxpayers’ Input Tax Credit (ITC) eligibility and the consequences of delayed return filings.

Draft Competition Commission of India (General) Amendment Regulations, 2024

February 26, 2024 681 Views 0 comment Print

Explore the proposed amendments to Regulations 35, 37, and 50 of the Competition Commission of India (General) Regulations 2009. Learn about streamlining processes, setting timelines, and fee revisions. Share your views by March 27, 2024.

Provisions of IBC overrides provisions of State enacted law: NCLT Hyderabad

February 15, 2024 309 Views 0 comment Print

NCLT Hyderabad held that the provisions of the Insolvency & Bankruptcy Code, 2016 (IBC) override the provisions of the State enacted law, such as, Andhra Pradesh Revenue Recovery Act, 1864.

Reassessment Based on Previously Examined Facts Unacceptable: ITAT Mumbai

February 9, 2024 483 Views 0 comment Print

ITAT Mumbai held that initiation of reassessment proceedings on account of change of opinion formed on re-appraisal of the facts already on record and examined during the regular assessment proceedings is liable to be quashed.

Interest entitled if duty drawback not paid within 3 months from date of filing of claim: Supreme Court

February 8, 2024 474 Views 0 comment Print

Supreme Court held that where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback.

Section 40A(2)(a) applies to payments to directors with substantial interest in company

January 24, 2024 1578 Views 0 comment Print

ITAT Mumbai held that provisions of section 40A(2)(a) of the Income Tax Act are applicable in cases, wherein, the director of subsidiary company, to whom payment has been made, has substantial interest in the assessee.

Erroneous Claim without Mens Rea Not Grounds for Section 276 Proceedings under Income Tax

January 23, 2024 936 Views 0 comment Print

Karnataka High Court held that incorrect claim or erroneous claim would not amount to willful evasion. Further, mere fact of not accurate tax, not exact tax or erroneous tax would not lead to the proceedings under Section 276 of the Income Tax Act.

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