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)

Assistant Commissioner of Income Tax, Circle - 7(1), Kolkata vs. Britannia Industries Limited, Kolkata

In the result, the appeal of the revenue is partly allowed

ITA 888/KOL/2023[2018-2019]Status: DisposedITAT Kolkata26 Feb 2024AY 2018-2019

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.888/Kol/2023 Assessment Year: 2018-19 Assistant Commissioner Of Income-Tax, ………. Appellant Circle-7(1), Kolkata. Vs. Britannia Industries Ltd. (Pan: Aabcb2066P) …………….. Respondent Appearances By: Shri Abhijit Kundu, Cit (Dr) Appeared For Appellant Shri Akkal Dudhewala, Fca Appeared For Respondent . Date Of Concluding The Hearing : 19.12.2023 Date Of Pronouncing The Order : 26.02.2024 Order Per Manish Borad: This Appeal Filed By The Revenue Pertaining To The Assessment Year (In Short “Ay”) 2018-19 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax, Nfac, Delhi [In Short Ld. “Cit(A)”] Dated 24.03.2023 Arising Out Of The Assessment Order Framed U/S 143(3) Read With Sections 143(3A) & 143(3B) Of The Act By Ao, Income Tax Department, National E-Assessment Centre, Delhi Dated 22.03.2021. 2. There Is A Delay Of 93 Days In Filing The Instant Appeal. An Application For Condonation Of Delay Has Been Filed By The Revenue Which Is Placed On Record. After Perusal Of The Same, We Notice That I.T.A. No. 888/Kol/2023 A Y: 2018-19, Britannia Industries Ltd. Though The Impugned Order Was Passed On 24.03.2023 But The Same Was Received In The Office Of The Ld. Cit(A), Kolkata On 04.08.2023 To This Effect A Certificate Is Filed By The Revenue Authorities. Considering This To Be Reasonable Cause & In The Larger Interest Of Justice, We Condone The Delay & Admit The Appeal For Adjudication.

Section 143(3)Section 250Section 35