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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)

M/S. Johnson & Johnson Surgical Vision India Private Limited ( Earlier Known As Abbott Medical Optics Private Limited), Gurgaon vs. Income Tax Officer, Ward- 11(1), Bangalore

In the result, the appeal filed by assessee stands partly allowed

ITA 84/BANG/2020[2009-10]Status: DisposedITAT Bangalore10 Jun 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 84/Bang/2020 Assessment Year : 2009-10 M/. Johnson & Johnson Surgical Vision India Pvt. Ltd. (Earlier Known As Abbott Medical Optics Pvt. Ltd.), The Income-Tax The Masterpiece, Officer, Level 5, Golf Course Road, Ward – 11(1), Sector – 54, Bangalore. Vs. Gurgaon – 122 002. Haryana. Pan: Aaeca8659C Appellant Respondent Assessee By : Shri Ajit Tolani, Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 18-04-2022 Date Of Pronouncement : 10-06-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 05.11.2011 Passed By Ld.Cit(A)-4, Bangalore For A.Y. 2009-10 On Following Grounds Of Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another. 1. That The Order Of The Learned Commissioner Of Income- Tax (Appeals)-4, Bangalore [‘Ld. Cit(A)'] & The Learned Income-Tax Officer, Ward 11(1), Bangalore (`Ld. Ao') To The Extent Prejudicial To The Appellant, Are Bad In Law, Contrary To Facts & Circumstances Of The Case & Liable To Be Quashed.

For Appellant: Shri Ajit Tolani, CAFor Respondent: Shri Pradeep Kumar, CIT DR
Section 3Section 92C

IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL

Sunilkumar M. Akkarakaran, Mumbai vs. ACIT, Circle-3, Kalyan

In the result, appeal by the assessee is dismissed

ITA 5622/MUM/2019[2012-13]Status: DisposedITAT Mumbai09 Jun 2022AY 2012-13

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 5622/मुं/2019 ("न. व. 2012-13 ) Sunilkumar M. Akkarakaran, A-101, Ankit Co-Op Hsg Society, Oppkasturi Plaza, Manpada Road, Dombivili East – 421 201. Pan: Aedpa-1192-C ...... अपीलाथ" /Appellant बनाम Vs. Asst. Commissioner Of Income Tax,Circle -3, Kalyan, 2Nd Floor, Rani Mansion, Murbad Road, Kalyan (West) - 421 301 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Shri Hosang B. Irani सुनवाई क" "त"थ/ Date Of Hearing : 09/06/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 09/06/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-1, Thane [ In Short ‘The Cit(A)’] Dated 28/06/2019 For The Assessment Year 2012-13. 2. The Notice Of Hearing Of The Appeal Was Sent To The Assessee Through Rpad At The Address Mentioned In Form No.36. Despite Repeated Notices, Neither The Assessee Nor The Authorized Representative Of The Assessee Has 2 Ever Appeared On Any Of The Date Of Hearing. The Date Of Hearing Of Appeal & The Date Of Issue Of Notice Are Tabulated Herein Under:

For Appellant: NoneFor Respondent: Shri Hosang B. Irani
Section 37(1)Section 68

Vishwanbharan K 1,22,69,900 Total 2,46,19,900 Apart from above addition/disallowance were also made by the Assessing Officer under section 37(1) of the Act. Further addition of Rs.1,06,49,387/- was made on account of unexplained investments under section