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)

Biswajit Nayak, Rajgangpur vs. ITO Ward-2, Rourkela

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

ITA 17/CTK/2022[2018-19]Status: HeardITAT Cuttack24 Nov 2022AY 2018-19

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2018-19 Biswajit Biswajit Nayak, Nayak, C/O. C/O. Vs. Ito, Ward Ito, Ward-2, Rourkela Biswajit Nayak, Banthupara Biswajit Nayak, Banthupara Rajgangpur, Rajgangpur, Sundargarh Sundargarh- 770017 Pan/Gir No. Pan/Gir No.Abwpn 2210 J (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri S.K.Agarwalla, Ca & S.K.Hota & S.K.Hota, Ar Revenue By : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr Dr Date Of Hearing : 25/11 11/2022 Date Of Pronouncement : 25/11 11/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee This Is An Appeal Filed By The Assessee Against The Order Against The Order Of The Ld Cit(A)-Nfac, Nfac, Delhi Delhi Dated 23.12.2021 23.12.2021 In Appeal No.Itba/Nfac/S/.250/2021 Itba/Nfac/S/.250/2021-22/1038053683(1) For The Assessment Year For The Assessment Year 2018-19. 2. S/Shri S.K.Agarwalla S.K.Agarwalla, Ca & S.K.Hota, Ar Appeared On Behalf Of The Appeared On Behalf Of The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared On Behalf Of The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared On Behalf Of The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared On Behalf Of The Revenue.

For Appellant: S/Shri S.K.Agarwalla, CA and S.K.Hota and S.K.Hota, ARFor Respondent: Shri S.C.Mohanty, SR
Section 143(1)Section 154Section 36(1)(va)Section 37(1)Section 43B

M/S La Opala RG Ltd, Kolkata vs. ACIT, Cir. 11(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 296/KOL/2022[2017-18]Status: DisposedITAT Kolkata24 Nov 2022AY 2017-18

Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 296/Kol/2022 Assessment Year: 2017-18 M/S. La Opala Rg Ltd. Assistant Commissioner Of Income Eco Centre Tax, Circle-11(1), Kolkata Vs 8Th Floor Em-4, Sector-5 Kolkata - 700091 [Pan : Aaacl5569J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tulsiyan, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 08/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 24/11/2022 आदेश/O R D E R Per Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of Learned Principal Commissioner Of Income Tax, Kolkata -2 (Hereinafter The “Ld. Pr. Cit”) Dt. 29/03/2022, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2017-18. 2. Brief Facts Of The Case Is That The Assessee Is A Limited Company & Income Of Rs.52,63,83,260/- Declared In The E-Return Furnished On 31/10/2017 Pertaining To Assessment Year 2017-18. Assessment U/S 143(3) Of The Act Was Completed On 21/12/2019 Assessing Income At Rs.56,22,70,863/-. Thereafter, The Ld. Pr. Cit Called For The Assessment Record & After Going Through The Same It Was Observed That The Order Of The Assessment Was Erroneous Insofar As It Is Prejudicial To The Interest Of The Revenue On The Following Grounds:- “Upon Examination Of Case Records, It Is Observed That The Assessee Had An Income Of Rs. 49,08, 14,480/- From Sitaganj Exempted Unit In Which The Assessee Had Claimed Deduction U/S. 80Ic Of The Act Of Rs. 14,72,44,452/- (30% Of Rs.49,08, 14,480/-). It Was Observed From The Profit & Loss Accounts Of The Assessee For The Year Ended 31.03.2017 That The Assessee Had Credited An Amount Of Rs. 2,43,75, 193/- From Export Incentives & Also

For Appellant: Shri A.K. Tulsiyan, FCAFor Respondent: Shri Biswanath Das, CIT D/R
Section 143(3)Section 263Section 37(1)Section 80Section 801CSection 80I