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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


Borrowing funds at higher rate & lending to director shows diversion of funds for non-business purpose

May 5, 2023 1803 Views 0 comment Print

Asuda Holdings Private Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that there is a clear diversion of funds for non-business purpose as funds are borrowed @18% and lended the same to one of its directors at 13.5%. Accordingly, disallowance under section 36(1)(iii) sustained. Facts- AO observed that assessee has taken loan from M/s. Elevators […]

CUP is most appropriate method for determining ALP for importing goods for manufacturing segment

April 24, 2023 1503 Views 0 comment Print

ITAT Bangalore held that Comparable Uncontrolled Price (CUP) is the most appropriate method for determining the Arm’s Length Price of the assessee for the importing of goods for manufacturing segment.

Payment of interest not made towards any infraction of law is allowable u/s 37

April 21, 2023 864 Views 0 comment Print

ITAT Ahmedabad held that payment of interest towards compromise agreement was not made towards any infraction of law and therefore, the same is allowable under section 37 of the Income Tax Act.

Expenditure relating to project are revenue expense allowable u/s 37 of Income Tax Act

April 17, 2023 1359 Views 0 comment Print

ITAT Delhi held that expense on Social & Rural Development Programme are revenue in nature, accordingly, allowable under section 37

Allowability of write off of CWIP expenses

February 25, 2023 16218 Views 0 comment Print

Explore the landmark ITAT Chennai 2016 ruling on CWIP expense write-off in Faurecia Emissions vs. DCIT, highlighting evolving legal perspectives on capital vs. revenue expenditure in business.

ESOP expense incurred wholly & exclusively for business is eligible for deduction u/s 37

February 25, 2023 2571 Views 0 comment Print

ITAT Bangalore held that expenditure towards ESOP is wholly and exclusively for the purpose of business and it satisfies all the conditions referred to in section 37(1). Accordingly, expenditure towards ESOP is eligible for deduction u/s 37 of the Income Tax Act.

Deduction u/s 37 allowable towards gifts given to business associates and executives

February 1, 2023 6969 Views 0 comment Print

ITAT Ahmedabad held that gift items given to business associates and executives qualifies as sales promotion expenditure allowable under section 37 of the Income Tax Act.

Expenditure towards scholarship to a student not associated with company not allowable

January 21, 2023 2844 Views 0 comment Print

ITAT Delhi held that the scholarship to a student who was neither an employee nor associated with the company for any commercial or business purpose doesn’t satisfy the provisions of section 36 and section 37 and hence not allowable as deduction.

Fine for overloading paid to RTO is an allowable expenses under Section 37

January 15, 2023 3345 Views 1 comment Print

Kiran Roadlines Vs ACIT (ITAT Rajkot) The assessee is a registered firm in the business of transportation. It appears that for A.Y. 2004-05 & 2005-06 identical penalty debited to P&L account has been allowed by he Ld. CIT(A). In appeal preferred before the ITAT by the Revenue dated 06.03.2009, the Hon’ble Bench has been pleased […]

Corporate Social Responsibility expenditure is allowable deduction u/s 37

December 27, 2022 3945 Views 0 comment Print

Delhi High Court held that Explanation 2 was inserted in Section 37 via Finance (No.2) Act, 2004 and is effective from 01.04.2015 [from Assessment Year 2015-2016 onwards] Accordingly expenditure incurred towards Corporate Social Responsibility is allowable as deduction u/s 37 of the Income Tax Act.

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