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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)

Amrik Singh, Delhi vs. DCIT, Circle- 19(1), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3230/DEL/2018[2013-14]Status: DisposedITAT Delhi26 Oct 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2013-14 Amrik Singh, Vs Dcit, M/S Sbg & Co., Cas, Circle-19(1), 9 Atta-Ur-Rehman Lane, New Delhi. Civil Lines, New Delhi. Pan : Aaxps2407C (Appellant) (Respondent) Assessee By : Shri S.B. Gupta, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 26.10.2021 Date Of Pronouncement : 26.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th February, 2018 Of The Cit(A)-7, New Delhi, Relating To The Assessment Year 2013- 14. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th September, 2013 Declaring The Total Income Of Rs.1,16,90,726/-. The Case Was Selected For Scrutiny Under Cass & Statutory Notices U/S 143(2) & 142(1) Of The Act Were Issued On The Assessee Calling For Various Details/Information. However, Despite A Number Of Opportunities Granted By The Ao, There Was No Appearance From The Side Of The Assessee. Therefore, The Ao Proceeded To Complete The Assessment On The Basis Of Material Available On Record. He Noted That The Assessee Has Shown Gross Receipt Of Rs.5,28,74,884/- & Net Profit Was Shown At Rs.1,18,40,726/-. Since The Assessee Did Not File The Requisite Details, The Ao Made Addition Of Rs.1,32,62,315/- Appearing In The Balance Sheet As Unsecured Loan. Similarly, In Absence Of Details Filed For Substantiating The Various Expenses Claimed In The Profit & Loss Account, The Ao Disallowed An Amount Of Rs.11,89,992/- Being 50% Of The Interest Paid For Unsecured Loan Of Rs.23,79,844/-. Similarly, He Also Disallowed 50% Of Expenses On Account Of Other Expenses (Rs.10,71,926/-), Tour & Travel Expenses (Rs.7,70,165/-) & Depreciation (Rs.9,61,370/-) All Totaling To Rs.39,93,453/-. Thus, The Ao Determined The Total Income Of The Assessee At Rs.2,89,46,500/-.

For Appellant: Shri S.B. Gupta, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 143(2)Section 37(1)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP