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Section 37 Section 39

General

RetainedCritical - The most widely used deduction section for businesses.

Quick Answer

Section 37 of the Income Tax Act, 1961 (General) corresponds to Section 39 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.

Old Law (ITA 1961)Ch: IV-D

Sec 37

Provision Summary

Residuary section allowing deduction for any expenditure (not capital/personal) laid out wholly and exclusively for the purposes of the business.

New Law (DTC 2025)Ch: VI

Sec 39

Provision Summary

Retained. Explicitly disallows expenses incurred for offenses, CSR (Corporate Social Responsibility) expenses, and freebies/gifts to medical practitioners.

Key Changes & Highlights

  • Stringent anti-bribery and anti-freebie clauses firmly embedded into the statute.

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Frequently Asked Questions

What does Section 37 of the Income Tax Act 1961 deal with?

Section 37 (General) Residuary section allowing deduction for any expenditure (not capital/personal) laid out wholly and exclusively for the purposes of the business.

What is the new section number for Section 37 under the Direct Tax Code 2025?

Section 37 of the ITA 1961 maps to Section 39 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.

What is the status of Section 37 under the new tax code?

Section 37 is marked as "Retained" with status "Active". Impact: Critical - The most widely used deduction section for businesses.

What are the key changes to Section 37 under DTC 2025?

Stringent anti-bribery and anti-freebie clauses firmly embedded into the statute.

Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.

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