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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


Delhi HC allows entire Training Expenses on Skill Development

November 12, 2023 483 Views 0 comment Print

Explore Delhi High Court’s judgment on PCIT vs VE Commercial Vehicles Ltd, AY 2011-12. Bad debts and training expenses considered. Full analysis here.

ITAT Upholds Disallowance of Sales Commission for failure to demonstrate Agent’s Role

November 12, 2023 324 Views 0 comment Print

The ITAT Delhi upholds the disallowance of ‘commission on sales’ due to failure to demonstrate the actual role played by commission agents in procuring sales.

Statutory restriction contained in Section 37(1)(b)(ii) of NDPS Act gets overrides due to prolonged incarceration

November 6, 2023 501 Views 0 comment Print

Delhi High Court granted bail as prolonged incarceration of a person overrides the statutory restriction contained in Section 37(1)(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Deduction was allowable on upfront loan processing fee paid in lumpsum in the year of payment

November 4, 2023 2439 Views 0 comment Print

Merely because the loan processing charges though paid upfront but amortized over a period of five years, solely to be in consonance with the mercantile system of accounting, deduction of the entire charges in lump sum in the year in which the same were paid could not be denied to assessee.

Club Admission Fees for Corporate Membership for business purposes: Revenue, Not Capital Expenditure

November 1, 2023 1572 Views 0 comment Print

Admission fees paid to a club towards corporate membership would be a revenue expenditure because it had been incurred wholly and exclusively for the purposes of business and not towards capital account.

Income derived from twin land transactions treated as business income

October 30, 2023 2361 Views 0 comment Print

ITAT Pune held that income derived from twin land transactions deserves to be treated as ‘business income’ and cannot be treated as ‘capital gains’.

‘Mark to Market’ loss on forward and further contracts are not contingent in nature

October 30, 2023 861 Views 0 comment Print

ITAT Delhi held that ‘mark to market’ loss on future and forward contracts are not notional loss of contingent nature. Accordingly, foreign exchange fluctuation loss as claimed by the assessee allowed.

Jharkhand VAT Act: No Reassessment of Reassessment Orders Allowed

October 26, 2023 342 Views 0 comment Print

Jharkhand High Court held that Jharkhand Value Added Tax Act, 2005 [JVAT Act] doesn’t have any provision for initiation of re-assessment proceedings against a re-assessment order. In case assessing authority is allowed to initiate repeated re-assessment proceeding merely on dictate of audit party there would be no finality of assessment.

Subsidy from Government under Focus Market Scheme is revenue receipt

October 25, 2023 891 Views 0 comment Print

ITAT Chennai held that subsidy received from Government of India under the Focus Market Scheme is Revenue in nature. The same cannot be at any stretch of imagination considered as capital in nature.

Bail to CA granted as professional generally acts on instruction of client

October 25, 2023 2193 Views 0 comment Print

Delhi High Court granted the bail to the petitioner (Chartered Accountant) under Prevention of Money Laundering Act 2022 based on the plea of the petitioner that he has acted on the basis of information and records provided by his client.

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