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“Section 10(37)”

Section References (mined)Section 10Section 10(37)296 judgments

The decision most relied on for Section 10(37) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 10(37)

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. 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. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

CIT v. Hero Cycles Ltd.
323 ITR 518 · 2010 · High Court
470
citing judgments

Disallowance under Section 14A, for expenditure incurred in relation to exempt income, is not permissible when the assessee has not earned any exempt income, such as dividend income under Section 10(34), during the year under consideration.

ITO v. D.G. Housing Projects Ltd.
343 ITR 329 · 2012 · High Court
438
citing judgments

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

Vijaya Bank v. CIT
323 ITR 166 · 2010 · Supreme Court
392
citing judgments

A provision for bad and doubtful debts debited to the profit and loss account and reduced from advances on the balance sheet constitutes a write-off for deduction purposes. This is true even if individual debtor accounts are not closed.

Judgments citing Section 10(37)

Sanket Kailas Pawar, Pune vs. ITO, Ward-1(5), Aurangabad

In the result, the appeal filed by the assessee in ITA

ITA 232/PUN/2025[2019-20]Status: DisposedITAT Pune09 Dec 2025AY 2019-20

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1194/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Sanket Kailas Pawar, Vs. Ito, Ward-1(5), Plot No.20, Sattyam Nagar, Aurangabad. Cidco No.7, Jalgaon Road, Aurangabad- 431010. Pan : Bugpp3328D Appellant Respondent आयकर अपील सं. / Ita No.232/Pun/2025 िनधा"रण वष" / Assessment Year : 2019-20 Sanket Kailas Pawar, Vs. Ito, Ward-1(5), Rl-191, Krushnakunj Aurangabad. Banglow, G Block, Sambhaji Nagar, Chinchwad, Pune- 411019. Pan : Bugpp3328D Appellant Respondent Assessee By : Shri Prateek Jha & Shri Prayag Jha Revenue By : Shri Amit Bobde Date Of Hearing : 28.10.2025 Date Of Pronouncement : 09.12.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 30.03.2024 & 07.12.2024 Passed By Ld. Addl./Jcit(A)-2, Noida [‘Ld. Cit(A)’] For The Assessment Year 2019-20 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.232/Pun/2025 For Adjudication As The Lead Case.

For Appellant: Shri Prateek Jha &For Respondent: Shri Amit Bobde
Section 10(37)Section 143(1)Section 154

appreciating that the land acquired compulsorily was agricultural land and the gain made on such acquisition was exempt from income tax under section 10(37) of the IT Act. 4. The Ld AddI/JCIT(A) erred in not appreciating that the assessee was a farmer not engaged in any business activity ... ground of appeal raised by the appellant. The appellant's contention that the compensation received for compulsory acquisition of land is exempt under section 10(37) of the Income-tax Act, 1961, is not supported by the facts of the case or the current legal position. 5.2 The land

Sanket Kailas Pawar, Aurangabad vs. ITO, Ward-1(5), Aurangabad

In the result, the appeal filed by the assessee in ITA

ITA 1194/PUN/2024[2019-20]Status: DisposedITAT Pune09 Dec 2025AY 2019-20

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1194/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Sanket Kailas Pawar, Vs. Ito, Ward-1(5), Plot No.20, Sattyam Nagar, Aurangabad. Cidco No.7, Jalgaon Road, Aurangabad- 431010. Pan : Bugpp3328D Appellant Respondent आयकर अपील सं. / Ita No.232/Pun/2025 िनधा"रण वष" / Assessment Year : 2019-20 Sanket Kailas Pawar, Vs. Ito, Ward-1(5), Rl-191, Krushnakunj Aurangabad. Banglow, G Block, Sambhaji Nagar, Chinchwad, Pune- 411019. Pan : Bugpp3328D Appellant Respondent Assessee By : Shri Prateek Jha & Shri Prayag Jha Revenue By : Shri Amit Bobde Date Of Hearing : 28.10.2025 Date Of Pronouncement : 09.12.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 30.03.2024 & 07.12.2024 Passed By Ld. Addl./Jcit(A)-2, Noida [‘Ld. Cit(A)’] For The Assessment Year 2019-20 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.232/Pun/2025 For Adjudication As The Lead Case.

For Appellant: Shri Prateek Jha &For Respondent: Shri Amit Bobde
Section 10(37)Section 143(1)Section 154

appreciating that the land acquired compulsorily was agricultural land and the gain made on such acquisition was exempt from income tax under section 10(37) of the IT Act. 4. The Ld AddI/JCIT(A) erred in not appreciating that the assessee was a farmer not engaged in any business activity ... ground of appeal raised by the appellant. The appellant's contention that the compensation received for compulsory acquisition of land is exempt under section 10(37) of the Income-tax Act, 1961, is not supported by the facts of the case or the current legal position. 5.2 The land