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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


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

April 10, 2026 564 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 327 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 537 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 420 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 1107 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 429 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 1665 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 […]

Section 69C Addition unsustainable if expenditure is recorded & source explained

March 30, 2026 1014 Views 0 comment Print

The tribunal held that addition under Section 69C is not valid where expenditure is properly recorded and the source is explained. The key takeaway is that documented transactions through banking channels cannot be treated as unexplained.

Royalty on Logo Allowed; Disallowance Without Examining Business Purpose Invalid: ITAT Delhi

March 28, 2026 309 Views 0 comment Print

The Tribunal allowed deduction of royalty paid for use of a logo, noting that no specific defect was found in the supporting evidence. It held that the expenditure could not be disallowed merely on grounds of justification without examining its business purpose.

ESOP cost is revenue, not capital: ITAT allows ₹721 Cr deduction

March 27, 2026 1335 Views 0 comment Print

The Tribunal held that ESOP costs are employee compensation and qualify as revenue expenditure. Disallowance treating them as capital expenditure was deleted.

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