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“Section 37(1)”

Section References (mined)Section 37Section 37(1)4,308 judgments

The decision most relied on for Section 37(1) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 37(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.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

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).

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.

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. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

Judgments citing Section 37(1)

Ceedeeyes It Parks Private Limited, Chennai vs. ITO Corporate Ward 1(3), Chennai

The appeal are dismissed

ITA 846/CHNY/2024[2018-19]Status: DisposedITAT Chennai09 Oct 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 846/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 M/S. Ceedeeyes It Parks Private Income Tax Officer, Limited, V. Corporate Ward -1(3), 42, Second Main Road, Gandhi Chennai. Nagar, Adyar, Chennai – 600 020. [Pan: Aaccc-3267-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. P. Hari Babu, Ca अपीलाथ"क"ओरसे/Appellant By ""यथ"क"ओरसे/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाईकीतारीख/Date Of Hearing : 27.08.2024 घोषणाकीतारीख/Date Of Pronouncement : 09.10.2024

For Respondent: Ms. Gouthami Manivasagam, JCIT
Section 143(3)Section 37(1)

electricity charges receipts are in the name of the tenants. 7. Your petitioner submits that the above said expenditure cannot be disallowed under section 37(1) of the Income Tax :-3-: ITA. No: 846/Chny/2024 Act, 1961 as it is not of capital nature and it is not for any personal ... exclusively for the purpose of business. 8. Your petitioner submits that in view of the above, the question of disallowance of expenditure under section 37(1) of the Income Tax Act, 1961 does not arise. 9. Your petitioner submits that in view of the above facts and circumstances, the disallowance