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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 8382 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 4539 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 32961 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


License fees paid for right to use telecommunication spectrum is revenue expenditure

January 14, 2022 3864 Views 0 comment Print

Whether licenses fee which give assessee company long term right to use telecommunication spectrum and the annual extension of the same be considered as capital expenditures

Reclamation & rehabilitation expenditure allowable under section 37(1)

November 10, 2021 1797 Views 0 comment Print

Held expenditure of reclamation and rehabilitation had to be allowed as a deduction under section 37(1) of the Act as expenditure incurred wholly and exclusively in connection with the business of the assessee.

Whether Penalties or Fines Paid are Allowed as an Expenditure

October 24, 2021 176847 Views 1 comment Print

In this article we are going to discuss a problem, whether Penalty/Penal Interest levied on any organisation is allowed as deduction to the assessee under provisions of Section 37(1) of the Income Tax Act, 1961.. PROBLEM: M/s. ABC Limited has been penalised under provisions of GST Act, 2017 to the tune of Rs. 50,000/- as […]

Expenses on CSR for AY 2014-15, cannot be disallowed

October 11, 2021 1653 Views 0 comment Print

National Building Construction Corporation Ltd. Vs Add. CIT (ITAT Delhi) In the instant case before us also, the expenses have been incurred on the direction of the relevant Ministry / Government of India. Further, neither the Assessing Officer nor the learned DR has rebutted the contention of the assessee that expenses have been incurred for […]

CBDT have no power to Enlarge the scope of MCI regulation

October 10, 2021 1998 Views 0 comment Print

Evolutis India Private Vs ACIT (ITAT Mumbai) Enlargement of the scope of MCI regulation to the pharmaceutical companies or other health sector industry by the CBDT is de hors any enabling provision either under the Income Tax Act or under the Indian Medical Council Regulations. In our considered view, though the CBDT can tone down […]

No need for cause & effect relationship for claiming expenditure u/s 37(1)

July 15, 2021 1272 Views 0 comment Print

M/s. Vijaya Bank Employees Housing Co-operative Society Ltd. Vs ACIT (ITAT Bangalore) Conclusion: In present facts of the case it was observed by the Hon’ble Bench that where a deduction is necessary in order to ascertain the profits and gains, such deductions should be allowed. Profits should be computed after deducting the expenses incurred for […]

Compensation paid for not complying with law was allowable as normal expenditure u/s 37(1)

May 27, 2021 1746 Views 0 comment Print

Payments were made to various state government departments for delay in submission of form or document or compliance with the procedures, in which case, the payment was not for violation of law but compensation for not complying with law and was allowable expenditure as normal business expenditure u/s 37(1).

Staff Recruitment Expenses exclusively for the business are allowable

March 15, 2021 5679 Views 0 comment Print

DCIT Vs EIH Associated Hotels Ltd. (ITAT Kolkata) It is noted that the staff recruitment expenses were incurred only exclusive for the purpose of business and hence allowable expenditure. We note that the expenses on account of employees’ relation expenses to the tune of Rs. 3,78,242/- was incurred for efficient functioning of the business which […]

Deduction from sale proceeds by monetary committee from e-auction sale of mineral stock is allowable U/s. 37(1)

February 25, 2021 1527 Views 0 comment Print

Addition of amount representing 15% of sale proceeds deducted by the Monetary committee from e-auction sale of mineral stock belonging to assessee and which was contributed to Special Purpose Vehicle, as per the direction given by Hon’ble Supreme Court was justified as the same constituted trading receipts in the hands of assessee, but at the same time it was allowable as deduction u/s 37(1).

Input Tax Credit Written off In Books of Accounts is allowable U/s. 37(1)

February 8, 2021 19296 Views 0 comment Print

FIH India Private Limited Vs DCIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee has written off input Service Tax during the impugned financial year relevant to assessment year 2010-11. But, the dispute is with regard to deductibility of input service tax. The AO has disputed deduction claimed by […]

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