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section 37(1)

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No Externment Based on Pending Investigations: Bombay HC

Corporate Law : Explore the Bombay High Courts landmark ruling: Offences under investigation cant be grounds for externment orders. An in-depth an...

January 25, 2024 678 Views 0 comment Print

Recent Judgements of Supreme Court on Income Tax Issues

Income Tax : Explore recent Supreme Court rulings (2023) on income tax issues. Highlights of key cases, analysis, and implications....

January 22, 2024 8391 Views 1 comment Print

Is CSR Expenditure allowable u/s 80G?

Company Law : Understand the intricacies of CSR expenditure deduction under Section 80G. Explore recent clarifications and legal standpoints for...

February 8, 2023 4542 Views 0 comment Print

Delayed Deposit of EPF & ESI- Whether Allowable

Income Tax : After the decision of SC in Check mate Services Pvt. Ltd. vs. CIT order dated 12.10.22, the legal position is now settled that the...

November 27, 2022 32970 Views 2 comments Print

Freebies to Doctors not allowable as same is an Offence & Prohibited by Law

Income Tax : Ensure Compliance: Offering freebies to doctors may lead to serious consequences under Section 37(1) of the Income Tax Act. Any ex...

September 19, 2022 5844 Views 1 comment Print


Latest Judiciary


Payments Made to Retiring Partners: taxable income Vs. applications of firm income

Income Tax : Explore the ITAT Mumbai's decision on payments to retiring partners by Deloitte Haskins and Sells LLP. Understand why it's not con...

July 3, 2024 576 Views 0 comment Print

Section 14A disallowance applies only to investments yielding exempt income

Income Tax : ITAT Mumbai rules no disallowance under Section 14A for investments not yielding tax-free income. Detailed analysis of DCIT vs Par...

June 9, 2024 573 Views 0 comment Print

ITAT allows deduction of CENVAT Credit written off

Income Tax : Delhi ITAT ruling favors G-Tekt India Pvt. Ltd., allowing deduction for CENVAT Credit written off. Detailed analysis of the case a...

June 4, 2024 222 Views 0 comment Print

Letters of Comfort will construe as an International Transaction u/s 92B

Income Tax : Issuance Of Letters Of Comfort/Support will Construe As International Transaction U/s 92B considering corporate guarantee issued b...

May 13, 2024 558 Views 0 comment Print

Expenditure u/s 37(1) should be disallowed to the extent not in line with existing business

Income Tax : Expenditure incurred by assessee should be disallowed to the extent that expenditure which had been incurred for evaluation of bus...

May 11, 2024 1269 Views 0 comment Print


ESOP expenditure is allowable under section 37(1) of Income Tax Act

March 16, 2023 13899 Views 0 comment Print

ITAT Delhi held that ESOP (Employees Stock Option) expense is allowable expense under section 37(1) of the Income Tax Act in computing the income in profit and loss of business or profession.

Rental income from giving out commercial properties for compensation as per MOA is business income

March 11, 2023 4275 Views 0 comment Print

ITAT Mumbai held that rental income from giving out commercial properties for compensation as per Memorandum of Association (MOA) is to be treated as ‘business income’ and not as ‘income from house property’.

Service Tax Penalty Not Deductible as Business Expenditure

March 6, 2023 507 Views 0 comment Print

Payment on account of penalty under service tax is penal in nature and was levied for violation of law, therefore penalty is not admissible

Corporate Social Responsibility expense is deductible u/s 37(1) of Income Tax Act

February 17, 2023 3354 Views 0 comment Print

Delhi High Court held that Corporate Social Responsibility [CSR] expenses incurred by assessee are allowable as deduction under section 37(1) of Income Tax Act.

Is CSR Expenditure allowable u/s 80G?

February 8, 2023 4542 Views 0 comment Print

Understand the intricacies of CSR expenditure deduction under Section 80G. Explore recent clarifications and legal standpoints for a comprehensive view.

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1011 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

Permit charges paid to Government for operating buses in respective state is revenue expenditure

December 31, 2022 528 Views 0 comment Print

ITAT Chennai held that permit charges paid to Government to operate buses in the state is revenue expenditure. Accordingly Pondicherry permit charges paid to Government of Pondicherry to operate buses in the state of jurisdiction of Pondicherry is allowable revenue expenditure.

Interest Paid on Belated Service Tax Payments is Allowable under section 37(1)

December 19, 2022 1533 Views 0 comment Print

ITAT held that the interest paid on belated payments of service tax is allowable for deduction under Section 37(1) of the Income Tax Act, 1961

Section 43B not applies to provisions of section 36(1)(va) in respect of employees contribution

November 29, 2022 2658 Views 0 comment Print

SC held that the provisions of section 43B would not apply to the provisions of section 36(1)(va) of the Act in respect of employees contribution.

Delayed payment in respect of employees contribution to PF & ESI is not allowable

November 27, 2022 6975 Views 0 comment Print

BBG Metal Syndicate Pvt Ltd Vs DCIT (ITAT Cuttack) Admittedly, the Hon’ble Supreme Court in the case of Checkmate Services Pvt Ltd(supra) has categorically held that the employees contribution to PF and ESI to the extent it is not paid within due date prescribed under the PF Act, is not allowable u/s.36(1)(va) of the Act. […]

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