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)

DCIT, CC - 1 (2), Chennai vs. M/S. Cholamandalam Ms Risk Services Ltd., Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 262/CHNY/2020[2015-16]Status: DisposedITAT Chennai16 Sept 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.262/Chny/2020 िनधा"रण वष"/Assessment Year: 2015-16 The Deputy Commissioner Of Vs. M/S. Cholamandalam Ms Risk Services Ltd., No. 02, 2Nd Floor, Income Tax, Corporate Circle 1(2), Chennai 600 034. Dare House, N S C Bose Road, Parrys, Chennai 600 001. [Pan:Aabcc6610Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Rajan, Cit ""थ" की ओर से/Respondent By : Shri P. Murali Mohana Rao, Fca सुनवाई की तारीख/ Date Of Hearing : 12.07.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4 (I/C), Chennai, Dated 26.11.2019 Relevant To The Assessment Year 2015-16. 2. The Assessee Company Is Engaged In The Business Of Providing Risk Assessment Services & Filed Its Return Of Income For The Assessment Year 2015-16 On 25.09.2015 Admitting A Total Income Of ₹.2,39,21,070/-. After Following Due Procedure & Considering The 2

For Appellant: Shri M. Rajan, CITFor Respondent: Shri P. Murali Mohana Rao, FCA
Section 143(3)Section 37Section 37(1)

Kirloskar Pneumatic Co.Ltd, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

In the result, appeal of the assessee is partly allowed

ITA 983/PUN/2018[2015-16]Status: DisposedITAT Pune12 Sept 2022AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.983/Pun/2018 िनधा"रणवष" / Assessment Year : 2015-16 Kirloskar Pneumatic Co. Ltd., The Dcit, Circle-14, Hadapsar Industrial Estate, Vs Pune. Pune Solapur Road, Hadapsar, Pune – 411013. Pan:Aaack 2479 C Appellant/ Assessee Respondent / Revenue Assessee By Shri C.H.Naniwadeker – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 13/07/2022 Date Of Pronouncement 12/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Appellant Assessee Namely Kirloskar Pneumatic Co. Ltd. Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-7, Pune Dated 09.04.2018 Emanating From The Order Of Deputy Commissioner Of Income Tax, Circle-14, Pune Under Section 143(3) Of The Act, 1961. The Grounds Of Appeal Are As Under: “1. The Learned Cit(A) Erred On Facts & In Law In Upholding Disallowance Of Rs.57,44,010/- U/S 14A R.W.R. 8D Without Appreciating The Facts & Submissions Made In This Behalf. He Also Failed To Appreciate That Before Invoking Rule 8D, The A.O. Has Not Recorded His Satisfaction As Required By Law. 2. The Learned Cit(A) Erred On Facts & In Law In Upholding 50% Ad-Hoc Disallowance Of Gift & Present Of Rs.16,06,635/- U/S

Section 143(3)Section 14ASection 14A(2)