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section 37(1)

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The Culinary Conundrum: Tax Deduction for Food or Business Meal Expenses: A RARE Practical Analysis

Income Tax : Explains when food and hospitality expenses qualify as business deductions and outlines the tests under Section 37(1) to distingui...

December 8, 2025 2538 Views 0 comment Print

Hidden Traps in Claiming Business Expenses: A Practical Guide to Section 37(1)

Income Tax : Explains how Section 37(1) restricts deductions to expenses exclusively for business and highlights gray-area items like home offi...

December 4, 2025 2064 Views 0 comment Print

Settlement of Foreign Civil Litigation & Section 37(1) Disallowance: A Doctrinal Analysis

Income Tax : ITAT Ahmedabad held settlement payments in foreign civil cases are deductible under Section 37(1) as compensatory, not penal, and ...

November 10, 2025 834 Views 0 comment Print

Section 37 of Income-Tax Act: Business Expenditure Deduction & Case Law

Income Tax : Summary of Section 37(1) IT Act for business expenditure deduction. Covers "wholly and exclusively" test, commercial expediency, ...

October 3, 2025 5436 Views 0 comment Print

Tax Treatment of Employer-Sponsored Education and Scholarships

Income Tax : Examines the tax implications of employer-funded education, covering employer deductions and employee taxation. Includes analysis ...

September 16, 2025 5019 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 105 Views 0 comment Print

Section 37(1) Business Expenditure Cannot Be Disallowed Without Adverse Findings: ITAT Jodhpur

Income Tax : ITAT Jodhpur held that Section 37(1) business expenses cannot be disallowed without specific findings on genuineness. All appeals ...

July 5, 2026 192 Views 0 comment Print

Accrued Business Liability Deductible Despite Future Payment: ITAT Mumbai

Income Tax : ITAT Mumbai held that an accrued business liability supported by evidence is deductible under Section 37(1) despite future payment...

July 4, 2026 90 Views 0 comment Print

Section 80G Deduction on Eligible CSR Donations Cannot Be Denied Solely Due to CSR Nature: ITAT Mumbai

Income Tax : ITAT Mumbai held that eligible CSR donations qualify for Section 80G deduction if statutory conditions are met, despite disallowan...

July 4, 2026 111 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 37 Relief Granted Because Payment Was Not Hit by Pre-2015 CSR Bar

February 5, 2026 375 Views 0 comment Print

The ruling clarifies that CSR-related disallowance under Section 37(1) applies only from AY 2015-16 onwards. For earlier years, expenses with a business nexus remain deductible.

Section 143(1) Adjustment on PF–ESI Sent Back for Proper Fact Check

February 3, 2026 597 Views 0 comment Print

Adjustments made through CPC were not finally upheld where the assessee raised a valid factual plea on timing of salary payment. The ruling highlights that mechanical disallowances must give way to proper verification.

ITAT Hyderabad Condoned 506-Day Delay; Ad Spend Allowed; Alleged Coerced Share Sale Ground Admitted

January 23, 2026 441 Views 0 comment Print

The Tribunal condoned a 506-day delay after accepting that the appeal was filed only when heavy penalty exposure created prosecution risk. The key takeaway is that bona fide reliance on legal advice and later developments can constitute sufficient cause for condonation.

Section 270A Penalty Deleted for Suo Motu Withdrawal of Education Cess Claim

January 22, 2026 996 Views 0 comment Print

The tribunal held that penalty under Section 270A cannot be levied where the assessee voluntarily withdrew the education cess claim after a retrospective amendment. A bona fide claim made on prevailing judicial views does not amount to under-reporting or misreporting.

ITAT Ahmedabad Upholds ₹2.40 Cr Disallowance u/s 40A(2)(b) for Excess Director Remuneration

January 21, 2026 978 Views 0 comment Print

Restoring the Assessing Officer’s findings, the Tribunal ruled that excessive salary to related directors can be disallowed when it substitutes dividend distribution. Reasonableness must be judged against comparable market remuneration.

Bogus Purchase addition restricted to 10% Despite Entry Operator Statement

January 21, 2026 1134 Views 0 comment Print

The issue was whether the entire purchase amount could be added under Section 69C based solely on an entry-operator’s denial. The Tribunal ruled that since sales were accepted and books not rejected, only a 10% estimated disallowance was justified.

ESOP Cost Allowable Business Expenditure: ITAT Deletes ₹93 Lakh Disallowance

January 20, 2026 1002 Views 0 comment Print

The Tribunal held that employee stock option plan costs are allowable revenue expenditure. Following binding High Court precedent, the ₹93 lakh disallowance was deleted.

Benefit of indexed cost of acquisition allowed while computing book profit u/s. 115JB

January 19, 2026 360 Views 0 comment Print

ITAT Ahmedabad held that the assessee is entitled to the benefit of indexed cost of acquisition while computing book profit under section 115JB of the Income Tax Act. Accordingly, AO directed to recompute book profit after allowing indexation.

ESOP Costs Allowed as Business Expense Under Section 37(1): ITAT Delhi

January 19, 2026 570 Views 0 comment Print

ITAT held that employee stock option expenses are deductible as business expenditure. ESOP costs linked to employee compensation and revenue generation cannot be disallowed.

Income of Predecessor Company Cannot Be Clubbed with Successor Post-Amalgamation

January 17, 2026 726 Views 0 comment Print

The issue was whether income of a predecessor company for years before amalgamation can be reassessed in the hands of the successor. ITAT held that such clubbing is impermissible and the reassessment itself is void.

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