Section 37(1) of the Income Tax Act

The decision most relied on for Section 37(1) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 of the 6,995 judgments on BharatTax that turn on this section.

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.

Radhasoami Satsang v. CIT
193 ITR 321 · 1992 · Supreme Court
1,695
citing judgments

The principle of consistency applies in tax matters, meaning a fundamental aspect found to be true in one assessment year should not be changed in a subsequent year if the order was not challenged.

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.

CIT v. Excel Industries Ltd.
358 ITR 295 · 2013 · Supreme Court
935
citing judgments

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

Judgments on Section 37(1)

Odisha Industrial Infrastructure Development Corporation(Idco), Bhubaneswar vs. Dy Commissioner of Income Tax, Circle-4(1), Bhubaneswar

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

ITA 365/CTK/2024[2015-16]Status: DisposedITAT Cuttack11 Nov 2024AY 2015-16

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील सं/Ita No.365/Ctk/2024 (िनधा"रण वष" / Assessment Year : 2015-2016) M/S Odisha Industrial Infrastructure Vs Dcit, Circle-4(1), Bhubaneswar Development Corporation, Idco Tower, Janpath, Bhubaneswar Pan No. : Aaaat 2619 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri Bibekananda Mohanty, Ca राज"व क" ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई क" तारीख / Date Of Hearing : 12/11/2024 घोषणा क" तारीख/Date Of Pronouncement : 12/11/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 25.05.2023, Passed In Appeal No.Cit(A), Bhubaneswar-2/10971/2017-18 Vide Din & Order No.Itba/Nfac/S/250/2023-24/1053183739(1) For The Assessment Year 2015-2016. 2. On Perusal Of The Appeal Record, We Found That The Appeal Of The Assessee Has Been Filed Belatedly By 409 Days. In This Regard, The Assessee Has Filed Condonation Application Along With Affidavit Stating Sufficient Reasons For Delay In Filing The Present Appeal. The Contents Of The Affidavit Filed By The Assessee Are As Under :-

For Appellant: Shri Bibekananda Mohanty, CAFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 143(3)Section 250Section 37(1)Section 40

Asst. Commissioner of Income Tax, Circle-1(1), Sambalpur vs. The Koraput Central Cooperative Bank Ltd, Jeypore

In the result, appeal of the revenue is partly allowed and cross objection of the assessee is dismissed

ITA 289/CTK/2024[2015-16]Status: DisposedITAT Cuttack11 Nov 2024AY 2015-16

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील सं/Ita No.289/Ctk/2024 (िनधा"रण वष" / Assessment Year : 2015-2016) Acit, Circle-1(1), Sambalpur Vs The Koraput Central Cooperative Bank Limited, Jeypore, Dabbuguda, Koraput Pan No. : Aaaat 2619 K & Cross Objection No.05/Ctk/2024 (िनधा"रण वष" / Assessment Year : 2015-2016) The Koraput Central Cooperative Vs Acit, Circle-1(1), Sambalpur Bank Limited, Jeypore, Dabbuguda, Koraput Pan No. : Aaaat 2619 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri Rohit Kumar Singhania, Ca राज"व क" ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई क" तारीख / Date Of Hearing : 11/11/2024 घोषणा क" तारीख/Date Of Pronouncement : 11/11/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 17.05.2024, Passed In Appeal No.Nfac/2014-15/10211783 Vide Din & Order No.Itba/Nfac/S/250/2024-25/1064953497(1) For The Assessment Year 2015-2016. The Assessee Has Also Filed Cross Objection. 2. The Revenue In Its Appeal Has Raised The Following Grounds :- 1) Whether On The Facts & Circumstances Of The Case & In Law, The Ld Cit(A) Is Justified In Modifying The Computation By Allowing The Deduction Of Rs 15,42,35,031/- U/S 36(1)(Viia) Of The Act Without Appreciating The Fact That The Assessee Has Claimed Deduction U/S 36(1)(Visa) Of The Act Of Rs.5,82,04,860/- Only While Filing Its Return Of Income & Accordingly Deduction U/S 36(1)(Viia) Of The Act Should Be Restricted To The Actual Claim Of The Assessee Or As Per The Definition Of "Provision Of Bad & Doubtful Debts"

For Appellant: Shri Rohit Kumar Singhania, CAFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 143(3)Section 263Section 36(1)Section 36(1)(viia)Section 36(1)(visa)Section 37(1)