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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)

Divya Profile Trading, Pune vs. ITO Ward 9(1), Pune

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 180/PUN/2025[2022-23]Status: DisposedITAT Pune24 Jun 2025AY 2022-23

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.180/Pun/2025 िनधा"रण वष" / Assessment Year : 2022-23 Divya Profile Trading, Vs. Ito, Ward- 9(1), Pune. Gat No.77, Joytiba Nagar, Near Bhalekar Chowk, Talawade, Pune- 412114. Pan : Aanfd0876A Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri S. Sadananda Singh Date Of Hearing : 18.06.2025 Date Of Pronouncement : 24.06.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 02.12.2024 Which Is Arising Out Of The Assessment Order U/S 143(3) Of The Act For Assessment Year 2022-23 Framed On 27.02.2024 By The Ito, Nfac, Delhi. 2. The Assessee Has Raised Following Revised Grounds Of Appeal :- “1. The Ld Cit(A) Erred In Law & On Facts In Confirming Addition Of Rs 3,31,667/- On Account Of Disallowance Of Fees Under Gst For Late Payment. 2. The Ld Cit(A) Erred In Law & On Facts In Confirming Addition Of Rs 4,11,821/- In Respect Of Income Tax Without Appreciating That No Deduction Of The Same Has Been Claimed By The Appellant. 3. The Ld Cit(A) Erred In Law & On Facts In Confirming Addition Of Rs 21,52,441/- In Respect Of Remuneration Paid To Partners.

For Appellant: Smt. Deepa KhareFor Respondent: Shri S. Sadananda Singh
Section 143(2)Section 143(3)Section 37(1)Section 40Section 44A

reversal and there is no element of penalty in this amount. I am therefore of the considered opinion that the Explanation 1 to section 37(1) is not applicable on the alleged payment of Rs.3,31,667/- and therefore the same is allowable as business expenditure. Finding