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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)

Unilever Industries Private Ltd, Mumbai vs. ACIT Range 1(3)(1), Mumbai

In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed

ITA 1015/MUM/2021[2016-17]Status: DisposedITAT Mumbai29 Dec 2022AY 2016-17

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleunilever Industries Pvt Vs. Acit, Range – 1(3)(1) Ltd., Room No 504, 5 Floor, Unilever House, Bd Aayakar Bhavan, Sawant Marg, Chakala, M.K.Road, Andheri (E), Mumbai-400020 Mumbai -400099. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu0791P Appellant .. Respondent Appellant By : Ms.Jasmin Amalsadvala & Mr.Hiten Chande.Ar Respondent By : Mr. Jayant Jhaveri.Dr Date Of Hearing 15.12.2022 Date Of Pronouncement 02.01.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed U/S 143(3) & U/Sec144C(13) R.W.S 143(3A) & 143(3B) Of The Income Tax Act, 1961 Passed In Pursuance To The Directions Of The Dispute Resolution Panel (Drp) Order U/S 144C(5) Of The Act Dated 26.02.2021.The Assessee Has Raised The Following Grounds Of Appeal. Unilever Industries Pvt Ltd, Mumbai. General: 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Ao/ Assistant Commissioner Of Income-Tax (Transfer Pricing) -4(2)(2) ("Tpo") Subsequent To The Directions Issued By The Hon'Ble Drp Has Erred In Assessing The Total Income At Rs. 152,67,16,425 As Against Returned Income Of Rs. 116,80,08,280 Computed By The Appellant. 2. Parti-Transfer Pricing Adjustments: Transfer Pricing ('Tp') Adjustment On Account Of Benchmarking & Allocation Of Royalty In Respect Of Provision Of Scientific & Technical Services ('Contract R&D')

For Appellant: Ms.Jasmin Amalsadvala &For Respondent: Mr. Jayant Jhaveri.DR
Section 143(3)Section 144C(5)

allowable loss and relied on the decision of CIT Vs. Woodward Governor India (P) Ltd., [2009] 179 taxman 326 (SC)Held as under: Section 37(1), read with section 145, of the Income-tax Act, 1961 - Business expenditure - Allowablilty of - Assessment year 1998-99 - Whether expression 'expenditure' as used ... Whether loss suffered by assessee on account of foreign exchange difference as on date of balance sheet is an item of expenditure under section 37(1) - Held, yes - Whether accounting method followed by an assessee continuously for a given period of time needs to be presumed to be correct till