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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


Addition restricted to estimated profit element in bogus accommodation entries: ITAT Delhi

August 1, 2025 585 Views 0 comment Print

ITAT Delhi held that only the estimation profit element has to form subject matter of addition in case of bogus accommodation entries. Accordingly, CIT(A) order directing @2.5% on total bogus accommodation entry upheld.

Deduction claimed u/s. 80G towards CSR expenditure is allowed

July 22, 2025 846 Views 0 comment Print

ITAT Mumbai held that the claim for deduction under section 80G of the Act in respect of Corporate Social Responsibility [CSR] expenditure cannot be denied. Accordingly, deduction claimed is allowed and appeal of revenue dismissed.

Deduction of Interest and Management expenses was allowable due to business purpose u/s 36(1)(iii) and 37(1) 

July 16, 2025 432 Views 0 comment Print

Aggrieved by CIT(A)’s order, Revenue filed an appeal before ITAT. Revenue argued that AO’s disallowances were justified, particularly the allocation of interest to joint venture accounts and the disallowance of management and land development expenses due to insufficient evidence.

Incentive received under sales tax scheme is capital receipt: Bombay HC

July 11, 2025 930 Views 0 comment Print

The issue involved in the present appeal is that whether an incentive received in sales tax liability under a Scheme formulated by the State Government would be on capital account, exempt to taxation, or on revenue account, liable for taxation.

Concluded & closed assessment cannot be reopened on suspicion: Delhi HC

June 25, 2025 624 Views 0 comment Print

Delhi High Court held that concluded and closed assessments cannot be reopened merely on suspicion. Accordingly, reopening of assessment is liable to be quashed since there is no tangible material that has a live nexus to reason to believe that the income has escaped assessment.

Sales Incentives to Retailers by Agent Not “Commission” U/S 194H: ITAT Hyderabad

June 19, 2025 720 Views 0 comment Print

The appellant-company has deducted TDS as per sec.194H of the Act on commission payment to Agent, however, not deducted any TDS on sales promotion and cash incentives paid to the retailers.

Software expense not giving enduring benefit is revenue in nature: ITAT Delhi

June 14, 2025 705 Views 0 comment Print

ITAT Delhi held that software expense has not given any benefit of enduring nature and hence the same is not capital in nature. Accordingly, software expense allowed as revenue expenditure.

Disallowance u/s. 40(a)(i) quashed as commission paid to non-resident outside India is not taxable

May 26, 2025 1341 Views 0 comment Print

ITAT Jaipur held that disallowance u/s. 40(a)(i) of the Income Tax Act untenable since amount of commission paid to a non resident outside India for the services rendered outside India will not fall in the category of income, and as such would not be chargeable to tax.

Section 44C Inapplicable to Exclusive Head Office Expenses for Indian Branches Abroad

May 12, 2025 870 Views 0 comment Print

ITAT Mumbai held that head office expenditure incurred outside India exclusively for the Indian branches does not fall within the ambit of section 44C of the Income Tax Act. Accordingly, appeal of the assessee allowed.

Weighted deduction u/s. 35(1)(ii) disallowed as institution didn’t had valid registration

May 12, 2025 831 Views 0 comment Print

ITAT Ahmedabad held that weighted deduction under section 35(1)(ii) of the Income Tax Act rightly disallowed as donation is given to Arvindo Institute of Applied Scientific Research Trust who doesn’t have valid registration. Accordingly, appeal of assessee dismissed.

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