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“Section 37(2)”

Section References (mined)Section 37Section 37(2)34 judgments

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

Leading authorities on Section 37(2)

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.

Maxopp Investment Ltd. v. CIT
402 ITR 640 · 2018 · Supreme Court
1,596
citing judgments

Disallowance under Section 14A is not automatic and requires the Assessing Officer to record satisfaction before applying Rule 8D. Only investments yielding exempt income are considered for disallowance, irrespective of their strategic nature.

Cheminvest Ltd. v. CIT
378 ITR 33 · 2015 · High Court
1,569
citing judgments

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

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).

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

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.
165 ITD 27 · 2017 · ITAT
882
citing judgments

No disallowance under section 14A can be made while computing book profits under section 115JB unless the expenditure is debited to the profit and loss account and satisfies clause (f) of Explanation 1 to section 115JB(2).

Joint Investments Pvt. Ltd. v. CIT
372 ITR 694 · 2015 · High Court
803
citing judgments

Disallowance under section 14A of the Income Tax Act cannot exceed the actual amount of exempt income earned by the assessee. This principle also applies when computing book profits under section 115JB.

Judgments citing Section 37(2)

Best City Realtors India Pvt. Ltd, New Delhi vs. Deputy Commissioner of Income-Tax, New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 1515/DEL/2015[2011-12]Status: DisposedITAT Delhi04 Oct 2024AY 2011-12

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanbest City Realtors India Pvt. Ltd., Vs. Dcit, Cc – 06, Plot No.H-8, 1St Floor, New Delhi. Netaji Subhash Place, Pitampura, New Delhi. (Pan : Aaccb7687B) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Shivam Yadav, Advocate Revenue By : Ms. Nimisha Singh, Cit Dr Date Of Hearing : 24.07.2024 Date Of Order : 04.10.2024 Order Per S.Rifaur Rahman,Am: This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-24, New Delhi [“Ld. Cit(A)”, For Short] Dated 22.12.2014 For The Assessment Year 2011-12. 2. The Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That In Making Addition, The Ld/- Cit(A) Has Erred In Recording Adverse Findings Which Were Not Only Based On Misappreciation Of Evidence But Are Also Based On Non Existent Facts & Such Findings As Recorded Are Factually Incorrect To State That The Assessee Company Has Manipulated The Transactions With C. R. Sons Builders & Developers

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms. Nimisha Singh, CIT DR
Section 132Section 142Section 142(1)Section 143Section 143(2)

made by this Court in Dr. Pratap Singh's case [1985] 155 ITR 166(SC). In this case, the Court has observed that Section 37(2) provides that "the provisions of the Code relating to searches, shall so far as may be, apply to searches directed under Section 37(2