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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


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

January 21, 2024 516 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 603 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 516 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 684 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 3603 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 1497 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.

Tax Authorities cannot step into shoes of businessmen to determine business purpose expenditure

December 5, 2023 4959 Views 0 comment Print

Income tax authorities could not step into the shoes of businessmen to determine how much expenditure should have been incurred for the purpose of business.  as an organization incurred both operating expenses as well as non-operating expenses for running the business and there were certain expenses which were not allocable to a particular activity.

AO Cannot Determine Business Promotion Effectiveness – ITAT Allows expenses

November 29, 2023 513 Views 0 comment Print

Read the detailed analysis of DCIT vs. Agni Estates & Foundations Pvt. Ltd. (ITAT Chennai) case. ITAT upholds deletion of disallowance of sponsorship expenses and interest under Income Tax Act.

Interest expense for amount advanced to subsidiary out of commercial expediency allowable

November 17, 2023 786 Views 0 comment Print

ITAT Delhi held that amount advanced to subsidiary companies out of commercial expediency, accordingly, disallowance of interest claimed under section 36(1)(iii) of the Income Tax Act unsustainable.

ITAT Allows Deductions for Expenditure on Renovation, Refurbishment & Repairs

November 12, 2023 642 Views 0 comment Print

Read about the Delhi High Court’s decision in Asian Hotels Ltd vs. CIT, where ITAT allowed deductions for renovation, refurbishment, and professional fees.

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