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)

ACIT, New Delhi vs. M/S. Life Star Pharma Pvt. Ltd., New Delhi

Appeal is dismissed

ITA 5012/DEL/2016[2012-13]Status: DisposedITAT Delhi10 Dec 2018AY 2012-13

Bench: Smt Diva Singh & Shri Prashant Maharishithe Acit, Circle 15 (2), Vs Life Star Pharma Pvt.Ltd., C.R. Building, 208, Okhla Industrial Estate, New Delhi. Phase-3, New Delhi. Pan No : Aabcl3646F Department By Smt. Naina Soin Kabil, Sr.Dr Assessee By Shri Sumit Goel, Cit(A) & Shri J.P.Sharma,Ca Date Of Hearing 13.09.2018 Date Of Pronouncement 10.12.2018 O R D E R Per Diva Singh : The Present Appeal Has Been Filed By The Revenue Assailing The Correctness Of The Order Dated 29.07.2016 Of Cit(A)-5, Delhi Pertaining To 2012-13 Assessment Year On The Following Grounds : "1. Whether, On The Fact & In The Circumstances Of The Case & In Law , Id. Cit (A) Was Right In Holding That The Commission Paid By The Assessee To The Doctors Was Allowable As It Was In Keeping With A Trade Practice & Thus Ignoring The Fact That It Was An Illegal Payment Not Allowable As Per The Explanation To Section 37(1) Of The Act.?" 2. Whether On The Fact & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 69,07,000/- Made On Account Of Expenses Incurred On Doctors ? 3 That The Grounds Of Appeal Are Without Prejudice To Each Other. 4 That The Appellant Craves Leave To Add, Alter, Amend Or Forego Any Ground(S) Of The Appeal Raised Above At The Time Of The Hearing. 2. The Relevant Facts Of The Case Are That The Assessee Company Engaged In The Business Of Marketing Pharmaceutical Products (Medicines) Through A Nationwide Network Of C&F Agents In The Course Of The Assessment Proceedings Was Required To Justify The Business Promotion Expenses Of Rs. 69,07,000/-. The Cbdt Circular No. 5 Of 2012 Was Referred To On The Basis

Section 37Section 37(1)

ACIT, Circle - 40, Kolkata vs. Sri Rajendra Sethia, Kolkata

Appeal is partly allowed in above terms

ITA 1748/KOL/2017[2012-13]Status: DisposedITAT Kolkata30 Nov 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Acit, Circle-40, 2Nd V/S. Sri Rajendra Sethia Floor, 3, Govt. Place 67/28, Strand Road, Posta, (W), Kolkata-700001 Kolkata-700006 [Pan No.Aixps 9803 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Robin Choudhury, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri S.L. Kochar, Advocate & ""यथ" क" ओर से/By Respondent Shri Anil Kochar, Advocate 29-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2012-13 Arise From The Commissioner Of Income Tax (Appeals)-12, Kolkata’S Order Dated 21.04.2017, Passed In Case No.10038/Cit(A)-12/Kol/Cir.40/2015-16, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Revenue’S Sole Substantive Ground Pleaded In The Instant Appeal Seeks To Revive The Assessing Officer’S Action Disallowing Assessee’S Vehicle Maintenance Expenses Involving The Sum In Issue Of ₹ 1,05,69,790/- @ 10% Of The Total Claim Of ₹10,56,97,905/-. Relevant Lower Appellate Discussion Qua The Instant Issue Reads As Follows:- “4. Ground No.7 Is Against The Action Of The Ao In Disallowing Rs.1,05,69,790/-.

Section 143(3)Section 37Section 37(1)