Income-tax Act, 1961 · Chapter IV: Computation of Total Income · D.—Profits and gains of business or profession
Section 37: General
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.
In plain words
This is the general deduction for business expenses. Any expenditure laid out wholly and exclusively for the business or profession is allowed, if it is not capital expenditure or a personal expense and is not covered by sections 30 to 36.
- The expense must be for the business. It need not be compulsory, and courts look at it from the point of view of a businessman, not the tax officer.
- Capital expenditure, which brings an asset or advantage of enduring benefit, is not allowed here.
- Expenditure for a purpose that is an offence or prohibited by law is not allowed, under Explanation 1.
- Spending on corporate social responsibility under section 135 of the Companies Act, 2013 is not treated as a business expense.
- Advertisement in a souvenir, brochure or pamphlet published by a political party is not allowed, under sub-section (2B).
Example: A trader pays rent for a shop and fees to an accountant. Both are revenue expenses for the business and can be deducted under this section.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 *** and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head —Profits and gains of business or profession‖. [ [Explanation 1.]—For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect of such expenditure.] [Explanation 2.—For the removal of doubts, it is hereby declared that for the purposes of sub-section (1), any expenditure incurred by an assessee on the activities relating to corporate social responsibility referred to in section 135 of the Companies Act, 2013 (18 of 2013) shall not be deemed to be an expenditure incurred by the assessee for the purposes of the business or profession.] * * * * * [(2B) Notwithstanding anything contained in sub-section (1), no allowance shall be made in respect of expenditure incurred by an assessee on advertisement in any souvenir, brochure, tract, pamphlet or the like published by a political party.] * * * * * * * * * * * * * *
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 37(1) is the residuary deduction for business expenses. Expenditure is allowed if it is laid out wholly and exclusively for the business or profession, is not capital expenditure or a personal expense, and is not of a kind covered by sections 30 to 36.
Wholly and exclusively
The test is the purpose of the spending, judged as a businessman would judge it. The expense need not be compulsory or produce income in the same year. If it is incurred for commercial expediency, the fact that someone else also benefits does not defeat the deduction. The tax officer cannot decide how much a business ought to spend.
Capital or revenue
Capital expenditure is not deductible under this section. The classic test asks whether the spending brings an asset or advantage of enduring benefit, but the Court has warned that this test is not conclusive. What matters is whether the advantage is in the capital field, such as acquiring a business asset, or only makes the trading operations more efficient or profitable, which is revenue.
Illegal and prohibited expenses
Explanation 1 bars any deduction for expenditure on a purpose that is an offence or prohibited by law. Penalties for breaking the law were never deductible. Payments that are compensatory in nature, such as interest for delay, are judged by their real character. Explanation 2 excludes corporate social responsibility spending.
Key Supreme Court rulings
Haji Aziz and Abdul Shakoor Bros. v. Commissioner of Income-Tax 1960 INSC 218
A penalty paid in lieu of confiscation for importing goods in breach of a prohibition was not a commercial expense and could not be deducted.
Sassoon J. David & Co. (P) Ltd. v. Commissioner of Income-Tax 1979 INSC 97
Retrenchment compensation paid to employees was deductible; the words wholly and exclusively do not mean that the expense must be compelled, and an incidental benefit to a third party does not bar the deduction.
Empire Jute Co. Ltd. v. Commissioner of Income Tax 1980 INSC 126
Payment for buying extra loom hours from other mills was revenue expenditure; the enduring benefit test is not decisive where the advantage is not in the capital field.
Prakash Cotton Mills Pvt. Ltd. v. Commissioner of Income Tax 1993 INSC 140
Whether interest for delayed payment of sales tax or damages for late ESI contributions is deductible depends on whether the payment is compensatory or penal, which must be examined from the statute that imposes it.
Apex Laboratories Pvt. Ltd. v. Deputy Commissioner of Income Tax 2022 INSC 216
Freebies given by a pharmaceutical company to doctors, which medical regulations prohibit doctors from accepting, are not deductible because of Explanation 1 to section 37(1).
Common mistakes
- Disallowing an expense because it is not strictly necessary. Commercial expediency is enough.
- Applying the enduring benefit test mechanically.
Read with: Section 28 Income-tax Act, 1961, Section 40 Income-tax Act, 1961, Section 40A Income-tax Act, 1961
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 37
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Association for Democratic Reforms & Anr. v. Union of India & Ors.
The matter pertains to the constitutional validity of the Electoral Bond Scheme which introduced anonymous financial contributions to political parties; as also the constitutional validity of the provisions of the…
- C.I.T., Delhi v. Bharti Hexacom Ltd.
- The Commissioner of Income Tax Jaipur v. Prakash
- M/S Apex Laboratories Pvt. Ltd. v. Deputy Commissioner of Income Tax, Large Tax Payer Unit - II
- National Co-Operative Development Corporation v. Commissioner of Income Tax, Delhi-V
- M/S. Mangalore Ganesh Beedi Works v. Commissioner of Income Tax, Mysore &Anr.
- Oil and Natural Gas Corporation Ltd., Dehradun Through Managing Director v. The Commissioner of Income Tax, Dehradun
- Commissioner of Income Tax, Madurai v. M/S. Sri Mangayarkarasi Mills (P) Ltd.
- M/S. Rotork Controls India (P) Ltd. v. Commissioner of Income Tax, Chennai
- Commissioner of Income Tax, Delhi v. M/S Woodward Governor India P. Ltd.
- Sudarshan Silks and Sarees v. Commissioner of Income Tax, Karnataka
- Kerala Road Lines v. Commissioner of Income Tax, Cochin
- Deputy Commissioner, Income Tax, Baroda v. Gujarat Alkalies & Chemicals Ltd.
- Dr. T.A. Quereshi v. Commissioner of Income Tax, Bhopal
- Rangnath Haridas v. Dr. Shrikant B. Hegde
- K.Ravindranathan Nair v. Commissioner of Income Tax, Ernakulam
- Eskayef (Now Known As Smithkline Beecham Pharmaceuticals (India) Ltd. Etc. v. Commissioner of Income Tax, Karnataka-Ii, Bangalore
- Commissioner of Income Tax v. Mahendra Mills
- Rajasthan State Warehocsing Corporation v. Commissioner of Income Tax
- Bharat Commerce and Industries Ltd. v. The Commissioner of Income Tax, Central-Ii
- Madras Industrial Investment Corporation Ltd. v. Commissioner of Income Tax, Tamil,Nadu I, Madras
- M/S. East India Pharmaceutical Works Ltd. v. Commissioner of Income Tax, West Bengal
- M/S. Jonas Woodhead and Sons Ltd., Madras v. The Commissioner of Income Tax, Madras
- M/S Sri Venkata Satya Narayana Rice Mill Contractors Co. v. The Commissioner of Income-Tax, Andhra Pradesh- II
- Commissioner of Income-Tax, Orissa v. M/S. Kalinga Tubes Ltd.
- Commissioner of Income-Tax v. Patel Brothers and Co. Ltd. Etc. Etc.
- The C.L.T., Gujarat-I, Ahmedabad v. The Ahmedabad Cotton Mfg. Co. Ltd. & Ors.
- Commissioner of Income Tax. Bombay v. Indian Engineering and Commercial Corpn. Pvt. Ltd.
- Prakash Cotion Mills Pvt. Ltd. v. Commissioner of Income Tax (Central) Bombay
- Alembic Chemical Works Co. Ltd. v. Commissioner of Income Tax, Gujarat
- Commissioner of Income -Tax, Bombay v. Vanaz Engineering (P) Ltd., Bombay
- Shree Sajjan Mills Ltd. v. Commissioner of Income Tax, M.P, Bhopal and Anr,
- Mahalaxmi Sugar Mills Co. Ltd. v. Commissioner of Income-Tax, Delhi, New Delhi
- Sassoon J. Davld & Co. (P) Ltd., Bombay v. C.L.T., Bombay
- J. K. Cotton Manufacturers Ltd. v. The Commlssloner of Income Tax, Lucknow
- Employers in Relation to the Management of Indian Cable Co. v. Their Workmen
- Hira H. Advani Etc. v. State of Maharashtra
- The Employers of Azam Jahi Mills Ltd. v. The Workmen
- Lalji Haridas v. State of Maharashtra and Another