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Section 37

Latest Articles


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 5991 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 1170 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 12249 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 1437 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 8004 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 762 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 5556 Views 0 comment Print


Latest Judiciary


Section 43A not invocable when there is only reinstatement of fluctuation loss

Income Tax : ITAT Delhi held that provision of section 43A of the Income Tax Act not invocable when there is only reinstatement of fluctuation ...

March 8, 2025 105 Views 0 comment Print

Valuation of finished goods after following stock ageing effect justifiable

Income Tax : The assessee is engaged in the business of Manufacturing & Trading of Sarees, Salwar Suites and Dress Materials. A survey u/s 133A...

February 27, 2025 222 Views 0 comment Print

Duty drawback post unlocking/activation of mobile phone eligible: Delhi HC

Custom Duty : Delhi High Court held that the unlocking/activation of the mobile phone merely makes the mobile phone more usable in the destinati...

February 19, 2025 159 Views 0 comment Print

Department Cannot Selectively Rely on Seized Documents: ITAT Pune

Income Tax : A search and seizure action u/s.132 of the Act was conducted in the assessee's case on 14.11.2019. AO observed that during the cou...

February 17, 2025 261 Views 0 comment Print

Expenditure incurred for IPO, subsequently aborted, allowable being revenue in nature: ITAT

Income Tax : In the matter abovementioned ITAT deleted addition made on account of expenditure incurred for initial public offering (IPO) which...

February 17, 2025 258 Views 0 comment Print


Revisionary jurisdiction u/s. 263 not invocable when AO took legally plausible view: ITAT Ahmedabad

November 11, 2024 525 Views 0 comment Print

The assessee filed the return of income declaring a total income of Rs. Nil. However, AO completed the assessment u/s. 143(3) read with Section 144B determining the assessed income at Rs. 3,37,97,789/-.

ITAT Ahmedabad allows warranty claim based on a scientifically validated method

November 8, 2024 264 Views 0 comment Print

ITAT Ahmedabad allows Rotomag Motors’ warranty claim based on a scientifically validated method, overturning CIT(A) disallowance. Case details and analysis.

No TDS liability u/s 195 on sales commission paid to overseas subsidiary for non-technical services as same was not ‘FTS’

October 29, 2024 759 Views 0 comment Print

Sales and marketing services rendered to assessee by its US based subsidiary did not fall within the ambit of FTS as defined u/s 9(1)(vi) or Article 12 of India-US DTAA as  making available service did not make available knowledge, experience, skill etc.

Proving debt become irrecoverable not required after 01.04.1989: ITAT Delhi

October 24, 2024 357 Views 0 comment Print

ITAT Delhi held that the assessee is not required to prove that a particular debt had become bad debt in order to claim deduction on account of bad debt written off pursuant to the amendment made u/s 36(1)(vii) of the Income Tax Act after 01.04.1989.

Interest on delayed payment of custom duty deductible u/s. 37: ITAT Bangalore

October 24, 2024 612 Views 0 comment Print

ITAT Bangalore held that interest due to delayed payment of custom duty is deductible u/s 37 of the Act as it is an accretion to the main payment and not a penalty and accordingly allowable as deduction.

View taken by AO cannot be set aside or deferred as per provisions of section 263: ITAT Ahmedabad

October 24, 2024 264 Views 0 comment Print

ITAT Ahmedabad held that invocation of revisionary proceedings under section 263 of the Income Tax Act merely taking second opinion unjustified. Further, view taken by AO cannot be set aside or deferred as per provisions of section 263.

No section 68 addition on account of unaccounted cash receipts without corroborative evidences

October 23, 2024 1035 Views 0 comment Print

The evidences relied upon by AO in the form of excel sheets did not constitute adequate evidence to draw adverse inference against tassessee, in the absence of any other corroborative evidences.

No liability of TDS u/s 194 I if revenue was shared with Franchise without rendering of actual services

October 22, 2024 717 Views 0 comment Print

Assessee was engaged in the business of slimming and beauty services. During assessment proceedings, AO observed that assessee was carrying substantial credit balances as current liabilities under the head ‘Advance from customers’.

Section 68 Addition sustained as creditworthiness of lender not proved: ITAT Visakhapatnam

October 22, 2024 315 Views 0 comment Print

ITAT Visakhapatnam held that addition under section 68 of the Income Tax Act towards unsecured loan sustained as creditworthiness of the lender not proved. Accordingly, ground raised by the assessee dismissed.

Condonation rejected as time limit prescribed u/s. 61 of IBC not satisfied: NCLAT Chennai

October 19, 2024 171 Views 0 comment Print

NCLAT Chennai held that appellant having knowledge of the proceedings fall within the purview of the term ‘Person Aggrieved’ u/s. 61(1) hence cannot be exempt from applying for certified copy within prescribed time.

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