Section 237 of the Income Tax Act
Income-tax Act, 2025: s.431
Section 237 of the Income-tax Act, 1961 corresponds to section 431 (Refunds) of the Income-tax Act, 2025.
Read section 431 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 237 is Autodesk India Pvt.Ltd. v. DCIT (96 Taxmann.com 263), cited in 116 of the 132 judgments on BharatTax that turn on this section.
Leading authorities on Section 237
A high turnover criterion, such as above Rs. 200 crores, is a valid ground to exclude companies from the list of comparable companies in a transfer pricing analysis, as such companies are not comparable to those with significantly lower turnover.
Reassessment proceedings under Section 147 cannot be initiated based on a mere change of opinion or reappraisal of existing facts, but require new or fresh tangible material or information indicating escapement of income.
The case elucidates the meaning of 'management services', detailing its components and considering whether such services qualify as 'technical services' for income tax purposes, particularly in relation to fees for technical services.
Dividend Distribution Tax (DDT) is a tax on the profits of the domestic company, not on the shareholder. The Supreme Court's decision in Tata Tea Co. Ltd. did not address the precise nature of DDT as a tax on the company versus the shareholder.
Reassessment proceedings under Section 148 cannot be initiated if the original assessment proceedings, initiated based on a filed return, are still pending. This includes situations where the time for issuing a notice under Section 143(2) has not expired.
Reassessment proceedings under Section 148 of the Income Tax Act cannot be initiated unless the assessment proceedings based on a previously filed return have been terminated. Notice for reassessment cannot be issued while original assessment proceedings are pending.
The Bombay High Court ruled that the Assessing Officer and CIT(A) relied on Circular No. 609 and the decision in CIT v. S.C. Takur & Brothers to disallow depreciation exceeding 15% on motor vehicles, implicitly acknowledging a specific interpretation of depreciation claims for certain vehicles.
Dividend Distribution Tax (DDT) under section 115-O is a charge on the company's profits and not on the income in the hands of the shareholder, meaning it does not constitute double taxation and is not subject to Double Taxation Avoidance Agreements (DTAA).
Commercial vehicles, as defined in light of the Motor Vehicles Act, include light motor vehicles, entitling them to higher depreciation rates.
