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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)

DCIT, Delhi vs. Air Charter Services Pvt. Ltd., Delhi

Appeal of the Revenue is dismissed

ITA 4989/DEL/2024[2018-19]Status: DisposedITAT Delhi24 Mar 2025AY 2018-19

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.4989/िद"ी/2024(िन.व. 2018-19) Deputy Commissioner Of Income Tax, E-2, Ara Centre, Jhandewalan Extn. ...... अपीलाथ"/Appellant New Delhi 110055 बनाम Vs. Air Charter Services P. Ltd., Bms Complex, 10, Plaza Cinema Building, Connaught Place, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aadca-2612-A Assessee By : None Department By : Shri Javed Akhtar, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 24/02/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 24/02/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-29, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 22.08.2024, For Assessment Year 2018-19. 2. The Solitary Issue Raised By The Revenue In Appeal Is Against Deleting Of Disallowance Of Expenditure U/S. 37 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) To The Tune Of Rs.2,27,93,362/- By The Act. 3. Shri Javed Akhtar, Representing The Department Submits That The Assessee Had Shown Credit Outstanding In The Name Of Eight Parties Aggregating To 2 Rs.2,27,93,362/-. The Assessee Failed To Prove Genuineness Of The Expenditure In Assessment Proceedings, Hence, The Assessing Officer (Ao) Made Addition Of The Aforesaid Amount Holding Creditors As Bogus. In First Appellate Proceedings, The Cit(A) Deleted The Addition Without Appreciating The Fact That The Ao Had Made Sufficient Enquires Before Holding Creditors As Non Genuine. The Ld. Dr Prayed For Reversing Findings Of The Cit(A) & Upholding The Disallowance.

For Appellant: NoneFor Respondent: Shri Javed Akhtar, CIT(DR)
Section 133(6)Section 37Section 37(1)

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