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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 5433 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 5016 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 189 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


Mumbai ITAT Allows 60% Software Depreciation, Limits Section 14A Disallowance

June 26, 2026 192 Views 0 comment Print

The Tribunal ruled that application software purchased independently from computer hardware is still covered under the specific depreciation entry for computer software. The Assessing Officer was directed to allow depreciation at 60% instead of 25%.

Bangalore ITAT Deletes ₹99.24 Lakh Ad Hoc Disallowance Backed by Evidence

June 25, 2026 111 Views 0 comment Print

The Tribunal held that a 25% ad hoc disallowance of agricultural expenses was unjustified since the assessee furnished bills, vouchers, bank statements, and detailed expense records. It directed deletion of the entire disallowance.

ESOP Discount Allowed as Karnataka HC Precedent Covered Issue: ITAT Mumbai

June 25, 2026 150 Views 0 comment Print

ITAT Mumbai allowed deduction of ESOP expenses under Section 37(1) by following Karnataka High Court’s ruling in Biocon Ltd. Tribunal directed Assessing Officer to allow expenditure for relevant assessment year

Finance Lease Accounting Doesn’t Decide Tax Treatment as Ownership Remains With Lessor

June 25, 2026 165 Views 0 comment Print

ITAT held that Accounting Standard-19 governs accounting treatment but does not determine tax treatment under the Income-tax Act. It ruled that depreciation belongs to the legal owner while lease rentals remain deductible for the lessee.

Bangalore ITAT Allows Mine Development Expenditure as Revenue Expense; Deletes Double Addition

June 24, 2026 87 Views 0 comment Print

Bangalore ITAT held that mine development expenditure incurred by a mining contractor was allowable as a revenue deduction under Section 37 and not governed by Section 35E. The Tribunal followed its earlier decision in the assessee’s own case and dismissed the Revenue’s appeal.

ITAT Deletes Section 69C Addition as Source of Expenditure Was Fully Explained

June 23, 2026 195 Views 0 comment Print

The ITAT Mumbai held that Section 69C cannot be invoked where expenditure is duly recorded in the books and its source is fully explained. It deleted the addition relating to royalty, commission, and technical service payments.

Section 10AA Deduction Allowed as AO Failed to Prove Business Splitting: ITAT Pune

June 23, 2026 162 Views 0 comment Print

The ITAT Pune upheld the deduction under Section 10AA after finding that the Assessing Officer had not established that the SEZ units were formed by splitting up or reconstruction of an existing business. It followed earlier decisions in the assessee’s own case.

ITAT Deletes Section 37(1) Disallowance as No Penal Action Was Taken by IRDA Against Insurance Company

June 23, 2026 288 Views 0 comment Print

The ITAT Mumbai held that Explanation 1 to Section 37(1) could not apply in the absence of any finding by the competent authority that the assessee had committed an offence or violated the Insurance Act. The disallowance was therefore deleted.

No Section 56(2)(viib) Addition if Share Premium Difference Fell Within 10% Safe Harbour: ITAT Delhi

June 23, 2026 171 Views 0 comment Print

ITAT Delhi held that where the variation between the issue price and fair market value is within the 10% safe harbour under Rule 11UA, the issue price is deemed to be the FMV. The addition under Section 56(2)(viib) was therefore deleted.

Periodic dredging to maintain existing jetty was revenue expense, not capital outlay: ITAT granted ₹4.49 Crore Relief

June 20, 2026 234 Views 0 comment Print

Expenditure of ₹4.49 crore incurred on maintenance dredging for removal of natural siltation and restoration of the existing operational depth of the jetty constituted revenue expenditure allowable under section 37(1). Accordingly, the disallowance made by AO and sustained by CIT(A) was deleted.

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