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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


Reassessment Based on Previously Examined Facts Unacceptable: ITAT Mumbai

February 9, 2024 786 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 1005 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 2571 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 1704 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.

Inadequate Enquiry Alone does Not Warrant Invoking Section 263 of Income Tax Act

January 21, 2024 876 Views 0 comment Print

Delhi High Court rules in PCIT vs Mohak Real Estate Pvt Ltd case that inadequate enquiry alone doesn’t warrant invoking Section 263 of Income Tax Act.

TDS not deductible from discount paid on prepaid sim card/ recharge vouchers

January 17, 2024 1374 Views 0 comment Print

ITAT Mumbai held that the assessee is not liable to deduct tax at source from the discount paid on prepaid sim card/recharge vouchers. Thus, disallowance made u/s 40(a)(ia) of the Income Tax Act liable to be deleted.

Physical fitness expenditure not incurred wholly and exclusively for profession duly disallowed

January 16, 2024 879 Views 0 comment Print

ITAT Hyderabad held that assessee being a film artist, physical fitness is a part and parcel of his profession, but it cannot be held to be incurred wholly and exclusively for the profession of the assessee. Hence, disallowance of physical fitness expenditure justifiable in law.

Reopening inspired from change of opinion is liable to be quashed

January 11, 2024 1020 Views 0 comment Print

Madras High Court held that reopening of assessment invoking provisions of section 148 of the Income Tax Act inspired from a review and a change of opinion is liable to be quashed and set aside.

Treating purchases as bogus unjustified if sales duly accepted

January 5, 2024 5109 Views 0 comment Print

ITAT Delhi held that disallowance of purchases by treating it as bogus unjustified as the impugned purchases have been sold and the sales have been accepted as there cannot be any sale without purchases.

Non-deposit of employees contribution to ESI and PF within due date disallowed

December 23, 2023 3180 Views 0 comment Print

ITAT Jaipur held that non-deposit of employees contribution to ESI and PF within due date as per the respective Act is disallowance by invoking provisions of section 36(1)(va) r.w.s. 2(24)(x) of the Income Tax Act.

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