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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 1980 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 1797 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 777 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 4164 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 4059 Views 0 comment Print


Latest Judiciary


SC: Interest on Borrowed Funds Allowed Even for Investment Through Group Concerns – Commercial Expediency Prevails

Income Tax : The Supreme Court held that interest paid on borrowed funds was deductible under Section 36(1)(iii) because the loan was used for ...

May 21, 2026 318 Views 0 comment Print

SC Allows Deduction of Grants as They Were Part of Statutory Business Activity

Income Tax : The Supreme Court held that grants disbursed by a statutory corporation formed part of its core business functions and qualified a...

May 20, 2026 213 Views 0 comment Print

No Double Taxation Allowed Even if Expense Claim Found Non-Genuine: ITAT Mumbai

Income Tax : ITAT Mumbai held that although foreign commission expenditure was non-genuine and liable for disallowance, amounts already written...

May 15, 2026 240 Views 0 comment Print

DSIR’s Partial Approval Cannot Restrict Pre-2016 R&D Deduction Claim: ITAT Chennai

Income Tax : ITAT Chennai held that before the 2016 amendment, DSIR approval under Section 35(2AB) related to the in-house R&D facility and not...

May 15, 2026 90 Views 0 comment Print

ITAT Deletes ₹6.75 Crore Professional Fee Disallowance Linked to Iran Sanction Banking Issues

Income Tax : The Mumbai ITAT allowed deduction of professional fees paid for facilitating remittances relating to Iranian-origin imports affect...

May 13, 2026 132 Views 0 comment Print


ESOP Discount Allowed as Revenue Expense: ITAT rejects Notional Loss Claim

April 14, 2026 261 Views 0 comment Print

The Tribunal upheld deduction of ESOP expenses, relying on earlier decisions in the same case. It ruled that no change in facts justified a different view.

ITAT Mumbai: No Ad-hoc Disallowance Without Rejecting Books; Section 40(a)(ia) Relief If TDS Paid Before Return Due Date

April 13, 2026 417 Views 0 comment Print

The case examines whether estimated expense disallowances can be made without rejecting books of account. ITAT held such additions invalid, emphasizing that Section 145(3) rejection is a prerequisite. The ruling protects taxpayers from arbitrary disallowances.

ITAT Mumbai Allows Actuarial Provisions for Employee Benefit Schemes; Deletes Major Disallowances on Expense Provisions

April 13, 2026 294 Views 0 comment Print

ITAT Mumbai rules actuarial provisions for employee benefit schemes are allowable under Section 37(1) as ascertained liabilities, deletes major disallowances on expense provisions, limits TDS applicability to payment stage, and prevents double taxation of expenses.

₹903 Crore ESOP Expenditure Allowed as Business Expense Due to Binding HC Ruling

April 10, 2026 429 Views 0 comment Print

The Tribunal upheld deduction of ESOP expenses under Section 37(1) by relying on binding jurisdictional High Court precedent. It ruled that prior judicial decisions in the assessee’s own case justified deletion of disallowance.

Section 271(1)(c) Penalty Upheld Due to Non-Bona Fide Claims & Failure to Disclose Income

April 10, 2026 213 Views 0 comment Print

The Tribunal held that omission of taxable foreign exchange gain in the return attracts penalty. It noted that disclosure during assessment does not absolve liability. The ruling highlights importance of correct income reporting.

Mandatory CSR Spending Does Not Bar Section 80G Deduction: ITAT Ahmedabad

April 10, 2026 387 Views 0 comment Print

The issue was whether CSR expenditure disallowed under Section 37(1) can still qualify under Section 80G. The Tribunal held that both provisions operate independently, allowing deduction if statutory conditions are met.

Settlement of Arbitration Award on Corporate Guarantee Deductible Under Section 37(1)

April 4, 2026 300 Views 0 comment Print

The case examined whether settlement of a corporate guarantee liability qualifies as business expenditure. The Tribunal held that the guarantee was given for business purposes and the resulting payment was allowable. 

CSR Reassessment & 80G Denial Based Only on Audit Objection Invalid: Bombay HC

April 2, 2026 930 Views 0 comment Print

The Court held that reassessment based solely on an audit objection is invalid as it constitutes a change of opinion. It emphasized that previously examined issues cannot be reopened without new tangible material. The ruling reinforces limits on reassessment powers.

ESOP Discount Allowable as Business Expenditure; ITAT Follows Karnataka HC, Revenue Appeal Dismissed

April 1, 2026 300 Views 0 comment Print

The Tribunal upheld that ESOP discount is a valid business expense under Section 37(1), rejecting the view that it is notional or capital. The key takeaway is that ESOP costs are allowable as employee compensation.

Section 148 Notice Invalid When Issued After Limitation Deadline: ITAT Mumbai

April 1, 2026 1497 Views 0 comment Print

Zee Entertainment Enterprises Limited Vs DCIT (ITAT Mumbai) The matter concerns two appeals filed by the assessee against orders of the Commissioner of Income Tax (Appeals)-48, Mumbai, for Assessment Years (AY) 2015–16 and 2019–20. Both appeals arise from assessment orders passed under Section 143(3) read with Section 147 of the Income Tax Act, 1961. Since […]

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