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)

Shri Sheo Bhagwan Goel, Raipur (Cg) vs. The Assistant Commissioner of Imcome Tax, Raipur (Cg)

The appeal of the assessee is allowed in aforesaid terms, with no order as to cost

ITA 290/BIL/2016[2012-13]Status: DisposedITAT Raipur01 Apr 2022AY 2012-13

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 290/Rpr/2016 धििाारण वर्ा / Assessment Year : 2012-2013 Sheo Bhagwan Goel 121, Mapel Parthivi Pacific, Ge Road, Raipur (C.G.) Pan : Aikpg 3811 D .......अपीलार्थी / Appellant बिाम / V/S. Asstt Commissioner Of Income Tax, .……प्रत्यर्थी / Respondent Circle – 4(1), Raipur C.G) Appearances Assessee By : Shri G. S. Agrawal Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 09/02/2022 घोषणा की तारीख / Date Of Pronouncement : 01/04/2022 आदेश / Order Per Jamlappa D. Battull, Am; The Present Appeal Of The Assessee Is Assailed Against The Order Of The First Appellate Commissioner Of Income Tax - Appeals-1, Raipur [For Short “Cit(A)”] Passed U/S 250 Vide Order Dt 16/05/2016, Which In Turn Sprung From The Assessment Order [For Short “Ao”] Dt 28/02/2015 Passed By The Ld Assessing Officer [For Short “Ld Ao”] U/S 143(3) Of The Income-Tax Act, 1961 [For Short “The Act”] For Assessment Year [For Short “Ay”] 2012-2013. Itat-Raipur Page 1 Of 9

For Appellant: Shri G. S. AgrawalFor Respondent: Shri G. N. Singh
Section 143(1)Section 143(3)Section 250Section 44A

Shri Shri Kailash Chand Agrawal, Korba(Cg) vs. The Dy. Commissioner of Income Tax, Korba(Cg)

Appeal of the assessee is partly allowed in aforesaid terms, with no order as to cost

ITA 275/BIL/2016[2010-11]Status: DisposedITAT Raipur01 Apr 2022AY 2010-11

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 275/Rpr/2016 धििाारण वर्ा / Assessment Year : 2010-2011 Shri Kailas Chand Agrawal 53, Shri Balaji Bhawan, T.P Nagar Korba (C.G.) Pan : Acqpa 4988 B .......अपीलार्थी / Appellant बिाम / V/S. Dy Commissioner Of Income Tax, Income Tax Office, Mahanandi Complex, .……प्रत्यर्थी / Respondent Korba (C.G) Appearances Assessee By : Shri G. S. Agrawal Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 09/02/2022 घोषणा की तारीख / Date Of Pronouncement : 01/04/2022 आदेश / Order Per Jamlappa D. Battull, Am; The Present Appeal Is Filed By The Assessee Against The First Appellate Order Of Commissioner Of Income Tax - Appeals, Bilaspur [For Short “Cit(A)”] Passed U/S 250 Vide Order Dt 07/03/2016, Which In Turn Sprung From The Assessment Order [For Short “Ao”] Dt 18/03/2013 Passed By The Ld Assessing Officer [For Short “Ld Ao”] U/S 143(3) Of The Income-Tax Act, 1961 [For Short “The Act”] For Assessment Year [For Short “Ay”] 2010-2011. Itat-Raipur Page 1 Of 10

For Appellant: Shri G. S. AgrawalFor Respondent: Shri G. N. Singh
Section 143(1)Section 143(3)Section 194ASection 201(1)Section 250Section 40Section 44A

Reinshaw Metrlogy Systems Limited, Pune vs. Deputy Commissioner of Income-Tax, Circle - 5, Pune

In the result, this appeal of the assessee is partly allowed

ITA 1560/PUN/2017[2012-13]Status: DisposedITAT Pune01 Apr 2022AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm आयकरअपऩलसं. / Ita No.1560/Pun/2017 निर्धारणवषा / Assessment Year: 2012-13 Renishaw Metrology Systems Limited, The D.C.I.T., S.No. 283, Hissa No. 2, S.No. 284, Vs Circle-5, Hissa No. 2 & 3A, Raisoni Estate, Pune. Village Mann Taluka, Mulshi, District- Pune 411057. Pan No. Aabcr6361F Appellant/ Assessee Respondent /Revenue Assessee By Shri Ajit Jain-Ar (Through Virtual) Revenue By Shri Piyush Kumar Singh Yadav-Dr (Through Virtual) Date Of Hearing 29/03/2022 Date Of Pronouncement 01/04/2022 आदेश/ Order Per:Shri Sonjoy Sarma, J.M. This Appeal By The Assessee Arises Out Of The Order Passed By The Ld.Commissioner Of Income Tax(Appeals)-13, Pune,(In Short, The Cit(A) In Relation To The Assessment Order Dated 23/03/2016 Passed By Dcit, Circle-5, Pune For The Assessment Year 2012-13.The Grounds Of Appeal Raised By The Assessee Are As Follows: “On The Facts & In Circumstances Of The Case & In Law, The Ld. Transfer Pricing Officer (Tpo)/Assessing Officer (Ao) Has Erred & The Hon/ Commissioner Of Income Tax (Appeals) (Cit(A)) Has Further Erred In Upholding/Confirming The Action Of The Ld. Tpo/Ao In: 1 Transfer Pricing General Ground 1.1 Making An Addition To The Appellant’S Total Income Based On The Provisions Of Chapter X Of The Act & Have Further Erred In Fact & In Law In Not Providing Any Reasons To Show That The Conditions Mentioned In Clauses (A) To (D) Of Section 92C(3) Of The

Section 92C(3)Section 92D

Ashwin Shetty, Bangalore vs. Assistant Commissioner of Income Tax, CPC, Bangalore

In the result, the appeal filed by the assessee is allowed

ITA 600/BANG/2021[2018-19]Status: DisposedITAT Bangalore31 Mar 2022AY 2018-19

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19 Shri Ashwin Shetty, The Assistant No. 63/A, 13Th Cross, Commissioner Of J.P. Nagar 3Rd Phase, Income Tax, Bangalore – 560 078. Cpc, Pan: Anaps7985B Vs. Bangalore. Appellant Respondent Assessee By : Shri S.N. Shyanbhag, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 17-03-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 09.09.2021 U/S. 250 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2018-19 On Following Grounds Of Appeal: “1. The Learned Commissioner Of Appeals Has Erred In Confirming The Addition Of Rs.16,11,013/-Being Belated Payment Of Employees Contribution Of Esi & Pf Paid Before Due Date For Filing The Return Of Income & An Amount Of Rs.18,362/- Being Club Expenses Incurred By The Employees Made By The A.O. Cpc In 143(1) Proceedings. 2. The Cit(A) Erred In Holding That The Amendment By Way Explanation 2 To Section 36(1) (Va) & Explanation 5 To The Section 43B Made In The Finance Act 2021 Has Retrospective Effect As Such The Decisions Relied On By The Appellant Are Not Applicable.

For Appellant: Shri S.N. Shyanbhag, Advocate
Section 139(1)Section 143(1)Section 250Section 36(1)Section 36(1)(va)Section 43B