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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)

Channamma Rachappa Saradagi, Bagalkot vs. Income Tax Officer, Ward-6(3)(1), Bangalore

Appeal of the assessee is partly allowed

ITA 2065/BANG/2025[2022-23]Status: DisposedITAT Bangalore23 Feb 2026AY 2022-23

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2022-23 Mrs. Channamma Rachappa Saradagi, Vs. The Income Tax Officer, Prop. M/S. Srinidhi Transports, Ward 6(3)(1), Sangondeshwar Nagar, Kamatagi, Bangalore. Amingad, Bagalkot – 587 120. Pan: Aweps 8300D Appellant Respondent Appellant By : Shri Siddesh N Gaddi, Ca Respondent By : Shri K. Saravanan, Addl.Cit (Dr)(Itat), Bengaluru. Date Of Hearing : 28.01.2026 Date Of Pronouncement : 23.02.2026 O R D E R Per Prashant Maharishi1. Captioned Appeal For Ay 2022-23 Is Filed By Mrs. Channamma Rachappa Saradagi Against The Appellate Order Passed By The National Faceless Appeal Centre, Delhi (Nfac) [Ld. Cit(A)] Dated 29 August 2025 Wherein The Appeal Filed By The Assessee Against The Assessment Order Dated 22Nd Of March 2024 Passed Under Section 143 (3) Read With Section 144B Of The Income Tax Act, 1961 [The Act] Passed By The Learned Assessing Officer Was Dismissed. Therefore The Assessee Is In Appeal Before Us. Page 2 Of 11

For Appellant: Shri Siddesh N Gaddi, CAFor Respondent: Shri K. Saravanan, Addl.CIT (DR)(ITAT), Bengaluru
Section 143Section 144BSection 36Section 37(1)Section 68

section 36 (1) (iii) to the extent of Rs.2,21,518 on account of interest on MSME loans and (iii) further disallowance under section 37(1) of the Act to the extent of ₹ 1,209,401 on account of salaries and wages. The learned CIT – A has confirmed all these

Dentsu Aegis Network India Private Limited(Erstwhile Vizeum Media Service India Merged in Dan India), Mumbai vs. Income Tax Officer, Circle 8(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6122/MUM/2025[2014-15]Status: DisposedITAT Mumbai20 Feb 2026AY 2014-15

Bench: Shri Rahul Chaudhary & Shri Makarand Vasant Mahadeokardentsu Aegis Network Dcit Central India Private Limited Circle-1(1), (Erstwhile Vizeum Media Vs. Aayakar Bhavan, Service India Merged Maharashi Karve With Dentsu Aegis Marg, Mumbai-400 Network India Private 020 Limited W.E.F. 1St April 2017) 2Nd Floor, Devchand House, Dr. A. B. Road, Shiv Sagar Estate Mumbai, Worli So, Mumbai-400 018 Pan/Gir No. Aahca3058N (Applicant) (Respondent) Assessee By Shri Ketan Ved & Shri Abdul Kadir Jawadwala, Ld. Ars Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 02.02.2026 Date Of Pronouncement 20.02.2026

Section 142(1)Section 143(3)Section 250Section 37(1)Section 40Section 40A(2)(b)

determining the total income at Rs. 1,42,70,810/- after making, inter alia, disallowances under section 40(a)(ia) and under section 37(1) read with section 40A(2)(b). The CIT(A) confirmed the additions. 3. The issue involved in the grounds of appeal before us relates ... disallowance of salary recharge and reimbursement of expenses amounting to Rs. 62,50,720/- under section 37(1) read 3 Dentsu Aegis Network India Private Limited with section 40A(2)(b) of the Act. The relevant facts, as emerging from the assessment order, are recorded hereunder. 4. The Assessing Officer