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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 12672 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 108 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


ITAT allows capitalization of Penal Interest paid to NOIDA authority

July 31, 2023 1428 Views 0 comment Print

Explore the ITAT Delhi’s ruling on a case, ITO Vs Logix Buildcon Pvt Ltd, asserting that the interest incurred towards project expenses cannot be deducted.

Interest on Duty Drawback Refund Not a Penalty

July 28, 2023 4047 Views 0 comment Print

ITAT Bangalore held that interest paid towards refund of excess claim of duty drawback is not in the nature of penalty or fine. Accordingly, provisions of Explanation 1 to section 37(1) of the I.T. Act not violated.

Disallowance towards investment made out of interest free own funds unjustified

July 27, 2023 885 Views 0 comment Print

ITAT Delhi held that disallowance u/s 37(1) of the Income Tax Act towards investment made out of interest free own funds available with the assessee is unjustifiable and hence deleted.

Branded jewellery are chargeable to excise duty w.e.f. 01.03.2005

July 26, 2023 774 Views 0 comment Print

CESTAT Bangalore held that with effect from 01.03.2005 branded jewellery are chargeable to excise duty @2%. However, extended period of limitation cannot be invoked in absence of establishment of allegation of wilful suppression with intent to evade payment of duty.

Section 43B: Custom duty allowable in the year of payment

July 21, 2023 2379 Views 0 comment Print

The tribunal observed that the liability to pay the Customs Duty had crystallized during the relevant year, as the company could not fulfill its export obligation. Therefore, the deduction of the Customs Duty was allowable in the same year. The ITAT Chennai cited Section 43B of the Income Tax Act, which allows deductions for statutory dues in the year of payment, irrespective of the accounting method followed by the assessee.

Expenditure for acquisition of individual club membership is not allowable

July 15, 2023 7983 Views 0 comment Print

ITAT Mumbai held that membership fee expenses have been incurred for acquisition of individual club membership is not allowable as expenditure in terms of provisions of section 37 of the Income Tax Act.ITAT Mumbai held that membership fee expenses have been incurred for acquisition of individual club membership is not allowable as expenditure in terms of provisions of section 37 of the Income Tax Act.

Adjustment towards disallowance in terms of section 36(1)(va) are permissible under scope of section 143(1)

July 3, 2023 2655 Views 0 comment Print

ITAT Mumbai held that disallowance of delayed payment of employee’s contribution to PF and ESIC in terms of section 36(1)(va) is incorrect claim apparent from any information in the return. Accordingly, adjustment is permissible under the scope of section 143(1).

Penalty for late filing of Profession Tax Return is not allowable as business expense

July 1, 2023 8337 Views 0 comment Print

ITAT Mumbai held that penalty levied for late filing of Profession Tax Return is penal in nature accordingly is not allowable as business expenditure.

Regular bail granted as petitioner materially co-operated in the investigation

June 30, 2023 2001 Views 0 comment Print

Delhi High Court granted regular bail on the reasonable grounds based on which it can be believed that the petitioner is not guilty of offence under section 3 of PMLA and also that petitioner has materially co-operated in the investigation.

Transfer pricing adjustment @0.6% as arm’s length rate for corporate guarantee fee directed

June 28, 2023 2124 Views 0 comment Print

ITAT Mumbai’s decision in case of DCIT vs KEC International Limited, where a 0.6% arm’s length rate was established for corporate guarantee fees, influencing future transfer pricing adjustments.

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