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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)

State Bank of India(As A Successor to Bhaartiya Mahila Bank Limited), Mumbai vs. Principle Commissionr of Income Tax 2, Mumbai

In the result, the appeal of the assessee is dismissed

ITA 1052/MUM/2022[2017-18]Status: DisposedITAT Mumbai21 Apr 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1052/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) State Bank Of India बिधम/ Pcit-2, Mumbai (As A Successor To Bhartiya Room No. 344, Aayakar Vs. Mahila Bank Limited) Bhavan, M. K. Road, Financial Reporting & Mumbai-400020. Taxation 3Rd Floor, Corporation Centre Madam Cama Road, Nariman Point, Mumbai-400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacs8577K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ketan Ved Revenue By: Smt. Nilu Jaggi (Dr) सुनवाई की तारीख / Date Of Hearing: 25/01/2023 घोषणा की तारीख /Date Of Pronouncement: 21/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Bank Against The Order Of The Ld. Principal Commissioner Of Income Tax-02, Mumbai Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Dated 26.03.2022 For Assessment Year 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Drew Our Attention To The Additional Ground Of Appeal Preferred By The Assessee Wherein It Has Challenged The Validity Of Ao Passing The Order In The Name Of Erstwhile Bhartiya Mahila Bank Limited (Hereinafter “Bmbl”), Even Though, It Was Merged With M/S. State Bank Of India W.E.F. 01.04.2017 (Vide Notification Dated 22.02.2017). In This Regard, It Is Noted That From 01.04.2017, Bhartiya Mahila Bank Ltd Got Merged/Amalgamated

For Appellant: Shri Ketan VedFor Respondent: Smt. Nilu Jaggi (DR)
Section 142(1)Section 263

that the expenses are revenue in nature, incurred towards an ascertained liability in terms of the valid agreement and hence, clearly allowable under section 37(1) of the Act. And the assessee also placed a copy of, the agreement (service agreement) between the assessee and FIS and the salient features