← All Phrases

“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)

Tehran Jonoob Technical and Construction Company Pjs, Ahmedabad vs. ACIT - Circle (Int. Taxn) 1, Ahm, Ahmedabad

In the result, the appeal filed by Assessee is allowed

ITA 433/AHD/2024[2021-2022]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2021-2022

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.433/Ahd/2024 "नधा"रण वष" /Assessment Year : 2021-22 Tehran Jonoob Technical & The Acit बनाम/ Construction Company Pjs Circle (Intl. Taxation) – 1, B-705, Mondeal Heights Ahmedabad V/S. Nr.Wide Angle S.G. Highway Ahmedabad – 380 015 (Gujarat) "थायी लेखा सं./Pan: Aadct 3091 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajay Dholariya, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am:

For Appellant: Shri Ajay Dholariya, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 143(3)Section 250Section 37(1)

Rs.4,07,37,276/-. The return included a deduction claim towards selling expenses amounting to Rs.56,00,000/- as business expenses under Section 37(1) of the Act. 2.2. During the assessment proceedings, the AO disallowed the claim of selling expenses of Rs.56,00,000/- and added the same ... total income of the assessee on the ground that these expenses were not allowable under Section 37(1) of the Act. Consequently, the business loss to be carried forward was reduced by Rs.56,00,000/-. 3. Aggrieved by this addition, the Assessee Company preferred an appeal before the Ld.CIT

Dy.Commissioner of Income Tax Circle-1 Nasshik, Nashik vs. Harsh Constructions Private Limited, Nashik

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

ITA 302/PUN/2024[2014-15]Status: DisposedITAT Pune10 Jul 2024AY 2014-15

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15 Dcit, Circle – 1, Harsh Constructions Pvt. Ltd. Nashik Sanskruti, Murkute Colony, Vs. New Pandit Colony, Sharanpur Road, Nashik – 422002 Pan: Aacch2277H (Appellant) (Respondent) Assessee By : Shri Dhiraj S. Dandgaval Department By : Shri Ramnath P Murkunde Date Of Hearing : 03-07-2024 Date Of Pronouncement : 10-07-2024 O R D E R Per R.K. Panda, Vp : This Appeal Filed By The Revenue Is Directed Against The Order Dated 20.12.2023 Of The Cit(A) / Nfac, Delhi Relating To Assessment Year 2014-15. 2. The Revenue In The Grounds Of Appeal Has Challenged The Order Of The Ld. Cit(A) In Restricting The Disallowance To Rs.2,24,191/- As Against Rs.1,25,51,607/- Proposed By The Assessing Officer In The Remand Report As Against Rs.4,38,96,880/- Added By Him In The Order Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

For Appellant: Shri Dhiraj S. DandgavalFor Respondent: Shri Ramnath P Murkunde
Section 133Section 133(5)Section 133(6)Section 143(2)Section 143(3)

statement showing the payment made by the appellant company. Further, the appellant company has contended that all the conditions as mentioned in the section 37(1) of the Act, 1961 has been fulfilled by the appellant company, detail of provisions are as under: 1. Any expenditure not being expenditure

Schneider Electric Systems India Pvt. Ltd., Chennai vs. PCIT 3, Chennai

The appeal stand partly allowed

ITA 1568/CHNY/2024[2015-16]Status: DisposedITAT Chennai10 Jul 2024AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1568/Chny/2024 (िनधा)रण वष) / Assessment Year: 2015-16) & +े यािचका सं../ S.A No.28/Chny/2024 (Arising Out Of Ita No.1568/Chny/2024) (िनधा)रण वष) / Assessment Year: 2015-16) M/S. Schneider Electric Systems India P. Ltd. Pcit Sp Plot No.16-19 & 20A, Chennai-3. बनाम/ Taramani Tech Park Inner Ring Road, Thiru Vi Ka Industrial Estate, Vs. Guindy Industrial Estate S.O. Guindy, Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcs-8027-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Rohit Tiwari (Advocate) (Virtual) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 01-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 10-07-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Rohit Tiwari (Advocate) (Virtual) - Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. DR
Section 143(3)Section 147Section 263Section 37Section 40A(9)

1 आयकर अपीलीय अिधकरण “ए” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय "ी महावीर