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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)

ACIT 6(1)(1), Mumbai vs. Shri. Dattatray Pandurang Mhaiskar, Mumbai

In the result, the impugned notice is set aside

ITA 2468/MUM/2021[2017-18]Status: DisposedITAT Mumbai27 Dec 2022AY 2017-18

Bench: Shri Amit Shukla, Jm & Shri S Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 2468/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2017-18) Shri. Dattatray Jayantika Singh Pandurang Mhaiskar Asst. Commissioner Of Mumbai Income Tax 6(1) (1) 501, Dattashram Lane बिधम/ Mumbai No.1 Hindu Colony, Room No 504, Aaykar Vs. Dadar, Mumbai Bhavan, M.K.Road, 400014 Churchgate, Mumbai-400020 स्थायीलेखासं./जीआइआरसं./ Pan No. Aatpm1257A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Ms. Pooja Rander प्रत्यथीकीओरसे/Respondent By : Shri Ashish Kumar (Sr. Ar.) सुनवाईकीतारीख/ : 27.12.2022 Date Of Hearing घोषणाकीतारीख / : 27.12.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Order Dated 20.01.2021, Passed By The Ld.Cit(A), 53 Mumbai

For Appellant: Ms. Pooja RanderFor Respondent: Shri Ashish Kumar (SR
Section 143(2)Section 143(3)Section 159Section 22Section 292BSection 3Section 37(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM & SHRI S RIFAUR RAHMAN, AM आयकरअपीलसं

Cipla Limited, Mumbai vs. DCIT, CC- 1(2), Mumbai

In the result, the appeal filed by the assessee is partly allowed and the appeal filed

ITA 2732/MUM/2018[2011-12]Status: DisposedITAT Mumbai23 Dec 2022AY 2011-12

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Dy. Cit, Central Circle-1(2) M/S. Cipla Ltd. Mumbai-400 020 Vs. 289, Bellasis Road, Mumbai Central, Mumbai-400 008 Pan/Gir No. Aaacc 1450 B (Revenue) : (Assessee) M/S. Cipla Ltd. Dy. Cit, Central Circle-1(2) 289, Bellasis Road, Mumbai Central, Vs. Mumbai-400 020 Mumbai-400 008 Pan/Gir No. Aaacc 1450 B : (Assessee) (Revenue) Assessee By : Shri Hemen Chandariya Revenue By : Smt. Mahita Nair Date Of Hearing : 30.09.2022 Date Of Pronouncement : 23.12.2022

For Appellant: Shri Hemen ChandariyaFor Respondent: Smt. Mahita Nair
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 250

disallowance of Rs.48,13,05,699/- by relying on the CBDT Circular No. 5 of 2012 read with Explanation 1 to section 37(1) of the Act, towards expenses incurred by the assessee company for business expenditure on marketing and promotional activity. The assessee contends that the assessee has incurred ... Thus, pharmaceutical companies’ gifting freebies to doctors, etc. is clearly “prohibited by law”, and not allowed to be claimed as a deduction under Section 37(1). Doing so would wholly undermine public policy. The well-established principle of interpretation of taxing statutes – that they need to be interpreted strictly – cannot

P.C. Chandra Holding Pvt. Ltd., Kolkata vs. PCIT-2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 256/KOL/2022[2017-18]Status: DisposedITAT Kolkata21 Dec 2022AY 2017-18

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Year: 2017-18 P.C. Chandra Holding Pvt. Ltd. Pr. Cit-2, Kolkata P-37A, Nani Gopal Roychowdhury Vs. Avenue, Anada Palit Road, Kolkata- 700014. Pan: Aadcp 0094 M (Appellant) (Respondent) Present For: Appellant By : Shri Ravi Tulsiyan, Fca Respondent By : Shri G. Hukugha Sema, Cit Date Of Hearing : 14.12.2022 Date Of Pronouncement : 21.12.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Pr. Cit, Kolkata-2 Vide Order No. Itba/Rev/F/Rev5/2021-22/104144167(1) Dated 24.03.2022 Passed U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2017-18. 2. Through This Appeal, The Assessee Has Essentially Challenged The Assumption Of Jurisdiction By The Learned Principal Commissioner Of Income-Tax For Invoking The Impugned Revisionary Proceedings U/S 263 Of The Act & Passing The Order Thereunder For Which, The Assessee Has Taken As Many As Eight Grounds Of Appeal Which Are Not Reproduced For The Sake Of Brevity. The Two Issues Which Have Been Considered By The Ld. Pr. Cit For The Purpose Of Invoking The Revisionary Proceedings & Referred In The Grounds Of Appeal Are (I) Deduction U/S 80G Of The Act Amounting To Rs. 20,000/- For Which No Evidence In Support Of Payment Of Donation Is Produced To Ascertain Its Veracity (Ii) Deduction U/S 80G

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri G. Hukugha Sema, CIT
Section 10Section 143(3)Section 263Section 37Section 80GSection 80G(5)(vi)

Section 37 which has no co-relation with claim of deduction u/s 80G of the Act. According to him, Explanation 2 to section 37(1) of the Act does not in any way debar an assessee to claim an amount as deduction in any other provision of the Act when ... iiihk) and (iiihl) for contribution to Swacha Bharat Kosh and Clean Ganga Fund respectively. 9.2. We also note that Explanation 2 to section 37(1) which denies deduction for CSR expenses by way of business expenditure is applicable only to the extent of computing business income under Chapter

Triway Container Freight Station P Ltd., Chennai vs. ITO Corporate Ward 3(2), Chennai

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 255/CHNY/2019[2014-15]Status: DisposedITAT Chennai21 Dec 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.254 & 255/Chny/2019 िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15 M/S. Triway Container Freight Vs. The Income Tax Officer, Station P. Ltd., No. 14, Jaffer Street, Corporate Ward 3(2), Harbour, Chennai 600 001. Chennai – 34. [Pan:Aabct8013A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.11.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 11, Chennai Dated 06.12.2018 Relevant To The Assessment Years 2013-14 & 14-15. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 28.09.2013 For The Assessment Year 2013-14 Admitting Nil Income After Claiming Deduction Under Section 80Ia(4) Of The Income

For Appellant: Shri N. Arjun Raj, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115JSection 143(3)Section 14ASection 80I

business purposes and accordingly, proportionate interest @ 12% on ₹.13,82,82,000/- amounting to ₹.1,65,93,840/- has been disallowed under section 37(1) of the Act and added back to the total income of the assessee. On appeal, the ld. CIT(A) confirmed the disallowance. 6 I.T.A ... almost 15 crores and no borrowed funds were diverted for non-business purposes and prayed that the addition made towards disallowance under section 37(1) of the Act may be deleted. He also relied on the judgement of the Hon’ble Supreme Court in the case of Hero Cycles

Triway Container Freight Station P Ltd., Chennai vs. ITO Corporate Ward 3(2), Chennai

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 254/CHNY/2019[2013-14]Status: DisposedITAT Chennai21 Dec 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.254 & 255/Chny/2019 िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15 M/S. Triway Container Freight Vs. The Income Tax Officer, Station P. Ltd., No. 14, Jaffer Street, Corporate Ward 3(2), Harbour, Chennai 600 001. Chennai – 34. [Pan:Aabct8013A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.11.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 11, Chennai Dated 06.12.2018 Relevant To The Assessment Years 2013-14 & 14-15. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 28.09.2013 For The Assessment Year 2013-14 Admitting Nil Income After Claiming Deduction Under Section 80Ia(4) Of The Income

For Appellant: Shri N. Arjun Raj, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115JSection 143(3)Section 14ASection 80I

business purposes and accordingly, proportionate interest @ 12% on ₹.13,82,82,000/- amounting to ₹.1,65,93,840/- has been disallowed under section 37(1) of the Act and added back to the total income of the assessee. On appeal, the ld. CIT(A) confirmed the disallowance. 6 I.T.A ... almost 15 crores and no borrowed funds were diverted for non-business purposes and prayed that the addition made towards disallowance under section 37(1) of the Act may be deleted. He also relied on the judgement of the Hon’ble Supreme Court in the case of Hero Cycles