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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)

Nec Technologies India P.Ltd (Formerly Known As Nec India Pvt. Ltd.), New Delhi vs. Addi. CIT, Special Range-6, New Delhi

In the result, the appeal of the assessee partly allowed

ITA 6982/DEL/2019[2015-16]Status: DisposedITAT Delhi16 Jun 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri M. Balaganeshassessment Year: 2015-16 M/S Nec Technologies India P. Ltd., The Addl. Cit, Special Range-6, C.R (Formerly Knows As Nec India P Ltd.), Building, New Delhi 110002 101 To 116, 1St Floor, Splendor Forum, Vs. Plot No. 3, District Centre, Jasola, New Delhi 110025 Pan Aaccn 3496 J (Appellant) (Respondent) For Assessee : Shri Ajay Vohra, Sr. Adv. Ms. Somya Jain, Ca Revenue For : Ms. Sarita Kumari, Cit(Dr) Date Of Hearing : 24.05.2023 Date Of Pronouncement : 16.06.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Dispute Resolution Panel-2, New Delhi Dated 21.05.2019 For Ay 2015-16. 2. The Grounds Of Assessee Are As Follows:- 1. That The Order Passed By The Joint Commissioner Of Income Tax, Special Ranged (Ld. Cit(A) Ao') Us 143(3) Read With Section 144C(13) Of The Income Tax Act, 1961 ('Act) In The Name Of "Nec Technologies India Pvt. Ltd. (Formerly Nec India Pvt. Ltd.), The Amalgamating Entity, Which Had Ceased To Exist In The Eyes Of Law, Is Beyond Jurisdiction, Illegal & Bad In Law 2. That On The Facts & Circumstances Of The Case & In Law, The Impugned Order Is Barred By Limitation, Bad In Law & Therefore, Liable To Be Quashed. 3. The Ld. Ao Has Erred In Disallowing Advances (I.E. Input Cenvat Credit) To The Tune Of Rs. 91,81,394/- Which The Appellant Was Constrained To Write Off During The Year Under Consideration As Per The Direction Of Service Tax Department;

For Appellant: Shri Ajay Vohra, Sr. Adv
Section 144C(13)Section 274Section 30Section 36Section 37(1)

ground that the same does not fall as an allowable expense u/s. 36 or 37 of the Act. Under the provision of section 37(1) of the Act, deduction of an item or expenditure is allowable where four conditions are simultaneously fulfilled viz. i. The expenditure should