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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 8361 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 4536 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 32955 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


Expense to get finance for normal business operations was revenue expense

October 27, 2019 897 Views 0 comment Print

The expense incurred for getting the finance for normal business operations does not provide any enduring benefit to the assessee as such, the one-time loan processing fees was revenue expenditure allowable to assessee.

Expense on developing & maintaining land for real estate activity is Allowable

October 1, 2019 6669 Views 0 comment Print

Whether the AO is correct in disallowing expenses incurred on developing and maintaining land in connection with real estate activity?

Prior period items to be included in determination of net profit or loss

September 13, 2019 17523 Views 0 comment Print

The issue under consideration is whether prior period items were to be included in the determination of the net profit or loss under Mercantile system of accounting

Expense on Valuation of Know-How allowable under section 37(1)

August 21, 2019 2064 Views 0 comment Print

M/s. Theis Precision Steel India Private Limited Vs ITO (ITAT Mumbai) From perusal of Section 37 of the Act, we find that all expenditure incurred in the course of business of the assessee is allowable except personal expenditure and capital expenditure. Admittedly, professional fee has been paid for valuation of know-how of business and, therefore, […]

Lease rent cannot be classified as Capital merely for Lumpsum Payment for multiple years

July 1, 2019 8892 Views 0 comment Print

The issue under consideration is whether the Lease payment in advance for the period varied from 15 to 99 years considered as Capital Expenditure or Revenue Expenditure?

Expense on renovation of Leased building is capital expenditure

June 26, 2019 19953 Views 0 comment Print

Expenditure on renovation of building taken on lease had to be treated as capital expenditure in view of Expln. 1 to section 32(1), even if assessee was not owner of such building during the period of occupation.

NO TDS Deduction on Reimbursement to Foreign Entity

April 22, 2019 39525 Views 5 comments Print

A pure reimbursement doesn’t constitute a reward or compensation paid for a service rendered. Hence, a mere reimbursement of expenses cannot be construed as ‘royalty’ or ‘payments for services rendered’ since what is achieved by a reimbursement is a mere repayment of what has been already spent.

Debenture redemption Premium allowable in each year covered by debentures

February 25, 2019 19011 Views 0 comment Print

Loss on account of issuance of debentures at premium was expenses for the borrowing and therefore, was allowable as deduction u/s 37 in computing the income however, the loss suffered had to be applied in respect of each year covered by debentures, to an appropriate extent.

Deductibility of Cess paid on Income Tax

February 11, 2019 13950 Views 2 comments Print

In this article, an effort has been made to contend that the cesses payable are a deductible expense under section 37(1) r.w. section 40(a)(ii) of the Income tax Act, 1961 (hereinafter referred to as the ‘Act’). It is well settled that the cess levied on indirect taxes is an allowable expenses and thereby the sole focus of the article lies on cess payable under the Income tax Act.

Section 37: Fees paid for enhancement of authorized capital; revenue or capital expense??

August 29, 2018 175010 Views 4 comments Print

This article is about one of the most important things which came out in terms that how to treat fees paid for enhancement of authorized capital to Registrar of Companies. Will it be a revenue expenditure or capital expenditure? Before starting it up and finding the answer let’s just start it with what is Section 37 of the Income Tax Act, 1961 all about.

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