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)

Saroj Gupta, Nalagarh, Himachal Pradesh vs. ACIT (Central Circle), Shimla, Himachal Pradesh

The appeal stands partly allowed

ITA 367/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh07 Oct 2025AY 2019-20

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.367/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2019-20) Smt. Saroj Gupta Acit (Central Circle) M/S Aakash Hospital & Diagnostic बनाम/ Vs. Railway Board Building Main Bazar, Nalagarh (Hp) -174101 The Mall, Shimla (Hp) 171003 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Ahvpg-9358-F (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl.Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 25-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 07/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-3, Gurgaon [Cit(A)] Dated 27-01-2025 In The Matter Of An Assessment Framed By Ld. Assessingofficer [Ao] U/S. 143(3) Of The Act On 26-09-2021. The Sole Grievance Of The Assessee Is Confirmation Of Twin Additions Of Rs.41.94 Lacs & Addition Of Rs.50 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl.CIT) – Ld. Sr. DR
Section 133A(1)Section 139(1)Section 143(3)Section 37(1)

DCIT, Circle 1(1)(1), Ahmedabad vs. Aia Engineering Ltd, Ahmedabad

In the result, the appeal of the Revenue is dismissed, whereas, the

ITA 565/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad01 Oct 2025AY 2014-15

Bench: Shri Sanjay Garg & Annapurna Gupta1. आयकर अपील सं/Ita No.565/Ahd/2025 – Asst.Year 2014-15 2. आयकर अपील सं/Ita No.351/Ahd/2025 – Asst. Year 2014-15 1. The Dcit Circle-1(1)(1) Ahmedabad – 380 015 बनाम / V/S. 2. Aia Engineering Ltd. 115, Gvmm Estate Odhav Road, Odhav Ahmedabad - 382 415 1. Aia Engineering Ltd. 115, Gvmm Estate Odhav Road, Odhav Ahmedabad – 382 415 2. The Dcit Circle-1(1)(1) Ahmedabad स्थायी लेखा सं./Pan: Aabca 2777 J (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Assessee By : Shri Tushar Hemani, Sr. Advocate Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 29/07/2025 घोषणा की तारीख / Date Of Pronouncement: 01/10/2025 आदेश/Order Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Preferred Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)'] Dated 13/01/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act') For The Assessment Year (Ay) 2014-2015. Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up Revenue'S Appeal In Ita No.565/Ahd/2025 For Ay 2014-15 For Adjudication.

For Appellant: Shri Tushar Hemani, Sr. AdvocateFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 2(17)Section 250

Jaro Institute of Technology Management and Research Ltd, Mumbai vs. Dy. Commissioner of Income Tax, Circle-4(3)(1), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purpose

ITA 5062/MUM/2025[2022-23]Status: DisposedITAT Mumbai30 Sept 2025AY 2022-23

Bench: Ms. Kavitha Rajagopal, Jm & Shri Omkareshwar Chidara, Am Jaro Institute Of Technology Dy. Commissioner Of Income Tax, Management & Research Ltd. Circle-4(3)(1), Mumbai 11Th Floor, Vikas Centre, Dr. C. G. Vs. Road, Chembur, Fci, S.O. Mumbai – 400074. Pan/Gir No. Aaccj2107Q (Appellant) : (Respondent) Assessee By : Shri Jay Thakkar Respondent By : Ms. Kavitha Kaushik, Sr Dr Date Of Hearing : 29.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Erred In Not Condoning The Delay In Filing The 1" Appeal Of 118 Days & Ought To Have Considered The Bonafide Reasons & Compelling Circumstances, Supported With Affidavit, That Had Precluded The Appellant To File The 1" Appeal In Time, 2.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Ought To Have Deleted The Disallowance Of Sales & Promotion Expenses Of Rs.2,73,78,889, Jaro Institution Of Technology Management & Research Ltd.

For Appellant: Shri Jay ThakkarFor Respondent: Ms. Kavitha Kaushik, SR DR
Section 139(4)Section 143(2)Section 143(3)Section 2Section 250Section 37(1)Section 40

JCIT (OSD) -3(4), Mumbai vs. Sterlite Technologies Limited, Aurangabad

In the result, appeals of both, the Revenue and the assessee are dismissed

ITA 612/MUM/2024[2016-17]Status: DisposedITAT Mumbai30 Sept 2025AY 2016-17

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17 Sterlite Technologies Limited Principle Commissioner Of E-1 Waluj, Midc Industrial Income Tax- 27, Vs. Area, Aurangabad - 431136 Navi Mumbai Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Assessment Year: 2016-17 Principle Commissioner Of Sterlite Technologies Limited Income Tax- 27, E-1 Waluj, Midc Industrial Vs. Navi Mumbai Area, Aurangabad - 431136 Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Present For: Assessee : Shri Nikhil Tiwari & Ms. Palak Mehta, Cas Revenue : Shri Satyaprakash R. Singh, Cit Dr & Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: These Two Appeals Are Filed By The Assessee & Revenue Against The Orders Of Commissioner Of Income Tax (Appeals)-13, Pune, Vide Order No. Itba/Apl/M/250/2023-24/1058725938(1), Dated Sterlite Technologies Ltd. Ay 2016-17 13.12.2023 Passed Against The Assessment Order By Acit, Ltu, Circle- 1, Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 21.12.2018 For Assessment Year 2016-17. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1.1 Erred In Upholding The Action Of The Learned Assessing Officer ('Ao') In Not Allowing The Claim Of Appellant That The Rate Of Ddt In Respect Of Dividend Distributed To Its Overseas Holding Company Ought To Be Restricted To The Rate Of Tax Of 5% Prescribed Under Article 10(2) Of Applicable India- Mauritius Dtaa & That The Appellant Is Eligible For Refund Of Ddt Paid In Excess Of Such Rate.

For Appellant: Shri Nikhil Tiwari and Ms. Palak Mehta, CAsFor Respondent: Shri Satyaprakash R. Singh, CIT DR and Shri Leyaqat Ali Aafaqui, Sr. DR
Section 115JSection 143(3)Section 14ASection 43B

Sterlite Technologies Limited, Aurangabad vs. The Assistant Commissioner of Income Tax, Ltu Circle 1, Mumbai

In the result, appeals of both, the Revenue and the assessee are dismissed

ITA 584/MUM/2024[AY 2016-17]Status: DisposedITAT Mumbai30 Sept 2025

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17 Sterlite Technologies Limited Principle Commissioner Of E-1 Waluj, Midc Industrial Income Tax- 27, Vs. Area, Aurangabad - 431136 Navi Mumbai Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Assessment Year: 2016-17 Principle Commissioner Of Sterlite Technologies Limited Income Tax- 27, E-1 Waluj, Midc Industrial Vs. Navi Mumbai Area, Aurangabad - 431136 Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Present For: Assessee : Shri Nikhil Tiwari & Ms. Palak Mehta, Cas Revenue : Shri Satyaprakash R. Singh, Cit Dr & Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: These Two Appeals Are Filed By The Assessee & Revenue Against The Orders Of Commissioner Of Income Tax (Appeals)-13, Pune, Vide Order No. Itba/Apl/M/250/2023-24/1058725938(1), Dated Sterlite Technologies Ltd. Ay 2016-17 13.12.2023 Passed Against The Assessment Order By Acit, Ltu, Circle- 1, Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 21.12.2018 For Assessment Year 2016-17. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1.1 Erred In Upholding The Action Of The Learned Assessing Officer ('Ao') In Not Allowing The Claim Of Appellant That The Rate Of Ddt In Respect Of Dividend Distributed To Its Overseas Holding Company Ought To Be Restricted To The Rate Of Tax Of 5% Prescribed Under Article 10(2) Of Applicable India- Mauritius Dtaa & That The Appellant Is Eligible For Refund Of Ddt Paid In Excess Of Such Rate.

For Appellant: Shri Nikhil Tiwari and Ms. Palak Mehta, CAsFor Respondent: Shri Satyaprakash R. Singh, CIT DR and Shri Leyaqat Ali Aafaqui, Sr. DR
Section 115JSection 143(3)Section 14ASection 43B