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“Section 36(1)”

Section References (mined)Section 36Section 36(1)3,872 judgments

The decision most relied on for Section 36(1) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 36(1)

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

CIT v. Gujarat State Road Transport Corporation
366 ITR 170 · 2014 · High Court
1,158
citing judgments

Employees' contributions to welfare funds, such as provident fund, are not allowable as a deduction under section 36(1)(va) if deposited beyond the due date prescribed under the respective welfare statutes, even by a single day. Such delayed deposits are not cured even if made before the income-tax return filing due date.

TRF Ltd. v. CIT
323 ITR 397 · 2010 · Supreme Court
714
citing judgments

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

Judgments citing Section 36(1)

ACIT, Circle- 5(1), New Delhi vs. Blue Coast Hotels Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 287/DEL/2020[2016-17]Status: DisposedITAT Delhi17 Mar 2023AY 2016-17

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2016-17 Acit, Vs. Blue Coast Hotels Ltd., Circle-5(1), 415-417, Antriksh Bhawan, New Delhi. 22, Kg Marg, New Delhi. Pan: Aaacm0037G (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate & Shri Aman Garg, Ca Revenue By : Shri P. Praveen Sidharth, Cit, Dr Date Of Hearing : 16.01.2023 Date Of Pronouncement : 17.03.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Of The Cit(A)-2, New Delhi, Dated 21.10.2019, For Assessment Year 2016-17. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. Whether On The Facts & In The Circumstances Of The Case & In Law, Whether The Ld Cit(A) Has Erred In Not Appreciating The Fact That There Was No Commercial Expediency Due To Which The Assessee Had Granted Interest Free Loans To Its Subsidiaries & Bore The Burden Of Interest For Their Sake. 2. Whether On The Facts & In The Circumstances Of The Case & In Law, Whether The Ld Cit(A) Has Erred In Deleting The Addition Of Rs.10,20,24,116/- Made U/S 14A Of The It Act, 1961 Without Appreciating The Facts Mentioned By The Ao For Disallowing Such Amount On The

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri P. Praveen Sidharth, CIT, DR
Section 14ASection 36(1)(iii)Section 43B

were enjoying interest free funds and the assessee was bearing the burden of interest for their sake which is against the provisions of section 36(1)(iii) of the Income-tax Act, 1961 (for short, ‘the Act’). Therefore, the AO was right in making disallowance of interest by taking

T Srinivasa Rao&Co, Visakhapatnam vs. Income Tax Officer, Ward-1(1), Visakhapatnam

In the result, appeals of the assessee are dismissed

ITA 184/VIZ/2022[2019-20]Status: DisposedITAT Visakhapatnam08 Mar 2023AY 2019-20

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.175/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2018-19) Eastern Warehouse Corporation Vs. Income Tax Officer Visakhapatnam Ward-1(1) [Pan : Aaafe3741J] Visakhapatnam आयकर अपील सं./I.T.A.No.179/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2018-19) Sri Ranga Motors Vs Income Tax Officer Vizianagaram Ward-1 [Pan : Aabbfs8249P] Vizianagaram आयकर अपील सं./I.T.A.No.174/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2019-20) Tetali Anil Kumar Vs. Income Tax Officer Visakhapatnam Ward-3(3) [Pan : Aaqpt9453L] Visakhapatnam आयकर अपील सं./I.T.A.No.184/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2019-20) T.Srinivasa Rao & Co. Vs. Income Tax Officer Visakhapatnam Ward-1(1) [Pan : Aamft1310Q] Visakhapatnam

For Appellant: Shri GVN Hari, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 139(1)Section 143(1)Section 36Section 36(1)(va)Section 43B

1). He further contended that the Ld.CIT(A) ought to have considered that the amendments made by Finance Act, 2021 to section 36(1)(va) and section 43B are applicable w.e.f. 01.04.2021 i.e.A.Y.2022-23 and do not apply for the years under consideration. He further contended that the assessee ... employees contribution of EPF and ESI paid beyond the due dates prescribed under the respective Act and these various funds are referred in section 36(1)(va) of the Act. The information gives the details of due date of payment, actual date of payment to the concerned authorities and these