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)

M/S the Methoni Tea Co. Ltd., Kolkata vs. DCIT, Cir-4(2), Kolkata

In the result, the appeal of assessee is partly allowed

ITA 439/KOL/2019[2015-16]Status: DisposedITAT Kolkata10 Jun 2022AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 The Methoni Tea Co. Deputy Commissioner Of Ltd. (Pan: Aabct3901H) Vs. Income Tax, Circle-4(2), Kolkata. (Appellant) (Respondent) Present For: Appellant By : Shri P. J. Bhide, Fca Respondent By : Smt. Ranu Biswas, Addl. Cit, Dr Date Of Hearing : 31.03.2022 Date Of Pronouncement : 10.06.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A)-2, Kolkata Appeal No. 10471/Cit(A)-2/2017-18 Dated 05.12.2018 For A.Y. 2015-16 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Dcit, Circle-4(2), Kolkata, Dated 13.12.2017. 2. Brief Facts As Culled Out From Records Are That The Assessee Is A Widely Held Company Deriving Income From Its Business Of Cultivation & Manufacturing Of Tea & Investment In Shares & Securities. The Assessee Had Filed Its Return Of Income On 27.09.2015 Declaring Loss (-) Of Rs.57,45,310/-. In The Course Of Assessment Proceedings U/S. 143(3) Of The Act, Ld. Ao Took Note Of Certain Details From The Tax Audit Report In Form 3Cd & Called For Explanations From The Assessee. Ld. Ao Also Enquired On The Claim Of Certain Expenses Made In The P&L Account For Their Justification. Certain Queries Were Also Raised In Respect Of Reconciliation Of Entries Contained In Form 26As. Considering The Submissions & Explanations Of The Assessee, Ld. Ao Proceeded To 2 The Methoni Tea Co. Ltd. A.Y. 2015-16 Complete The Assessment By Making The Additions, Details Of Which Is Reproduced Hereunder:

For Appellant: Shri P. J. Bhide, FCAFor Respondent: Smt. Ranu Biswas, Addl. CIT, DR
Section 143(3)Section 14A

Sunilkumar M. Akkarakaran, Mumbai vs. ACIT, Circle-3, Kalyan

In the result, appeal by the assessee is dismissed

ITA 5622/MUM/2019[2012-13]Status: DisposedITAT Mumbai09 Jun 2022AY 2012-13

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 5622/मुं/2019 ("न. व. 2012-13 ) Sunilkumar M. Akkarakaran, A-101, Ankit Co-Op Hsg Society, Oppkasturi Plaza, Manpada Road, Dombivili East – 421 201. Pan: Aedpa-1192-C ...... अपीलाथ" /Appellant बनाम Vs. Asst. Commissioner Of Income Tax,Circle -3, Kalyan, 2Nd Floor, Rani Mansion, Murbad Road, Kalyan (West) - 421 301 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Shri Hosang B. Irani सुनवाई क" "त"थ/ Date Of Hearing : 09/06/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 09/06/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-1, Thane [ In Short ‘The Cit(A)’] Dated 28/06/2019 For The Assessment Year 2012-13. 2. The Notice Of Hearing Of The Appeal Was Sent To The Assessee Through Rpad At The Address Mentioned In Form No.36. Despite Repeated Notices, Neither The Assessee Nor The Authorized Representative Of The Assessee Has 2 Ever Appeared On Any Of The Date Of Hearing. The Date Of Hearing Of Appeal & The Date Of Issue Of Notice Are Tabulated Herein Under:

For Appellant: NoneFor Respondent: Shri Hosang B. Irani
Section 37(1)Section 68