Section 37 of the Income Tax Act

The decision most relied on for Section 37 is Empire Jute Co. Ltd. v. CIT (124 ITR 1), cited in 622 of the 4,334 judgments on BharatTax that turn on this section.

Leading authorities on Section 37

Empire Jute Co. Ltd. v. CIT
124 ITR 1 · 1980 · Supreme Court
622
citing judgments

Expenditure is classified as revenue or capital based on its practical business effect, necessity, or expediency, rather than solely on the juristic classification of rights; an enduring benefit does not automatically make an expenditure capital if it facilitates trading operations or business efficiency.

Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT
374 ITR 118 · 2015 · High Court
499
citing judgments

The existence of an international transaction for Advertising and Marketing Promotion (AMP) expenditure requires the revenue to discharge the burden of proof. An explanation inserted under Section 92B does not automatically make AMP expenditure an international transaction.

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

Eastern Investments Ltd. v. CIT
38 ITR 601 · 1960 · Supreme Court
346
citing judgments

Expenditure must be commercially expedient for carrying on the business, and it is not for revenue authorities to dictate how an assessee should conduct its business. The court will not question the business expediency of a transaction, even if a third party also benefits.

Sassoon J. David & Co. Pvt. Ltd. v. CIT
118 ITR 261 · 1979 · Supreme Court
323
citing judgments

An expense incurred by an assessee for its own business, such as advertising, marketing, and promotional (AMP) expenses, cannot be disallowed merely because it incidentally or indirectly benefits the assessee's sister concerns or associated enterprises.

Biocon Ltd. v. DCIT
35 Taxmann.com 335 · 2013 · ITAT
322
citing judgments

The discount arising from the grant of Employee Stock Option Plans (ESOPs) is an allowable business expenditure under Section 37(1) of the Income-tax Act, 1961, as it is an ascertained liability, not a contingent one, and constitutes a revenue expense rather than a capital expense.

Skycell Communications Ltd. v. DCIT
251 ITR 53 · 2001 · High Court
253
citing judgments

Technical services involve human intervention and expertise, not just routine or machine-based operations. Routine customer support and standard facility provision through technology do not constitute technical services under the Act.

India Cements Ltd. v. CIT
60 ITR 52 · 1966 · Supreme Court
247
citing judgments

Expenses incurred for obtaining a loan for the purpose of the assessee's business, such as debenture discount, bank guarantee charges, and stamp duty, are considered revenue expenditure. These liabilities, though potentially spread over time, are deductible as revenue expenses.

CIT v. Madras Auto Service (P) Ltd.
233 ITR 468 · 1998 · Supreme Court
246
citing judgments

Expenditure providing an enduring advantage, such as upfront lease rent for land, is revenue expenditure if no capital asset is acquired or generated, allowing for deduction under Section 37, even when capitalized in the books of account.

Tata Consultancy Services v. State of Andhra Pradesh
271 ITR 401 · 2004 · Supreme Court
231
citing judgments

The sale of 'canned software' in physical form is the sale of a copyrighted article and constitutes 'goods,' distinct from the underlying copyright. This case provides foundational principles for distinguishing copyrighted works from copyrighted articles and for what qualifies as 'production or manufacturing of goods or articles' under tax laws.

Judgments on Section 37

Gujarat State Electricity Corporation Limited, Vadodara vs. The ACIT, Circle-1(1)(1), Vadodara

ITA 327/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad11 Dec 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.327/Ahd/2020 िनधा"रण वष" /Assessment Year : 2016-17 Gujarat State Electricity The Asst.Commissioner Of बनाम/ Corporation Ltd. Income Tax V/S. Sardar Patel Vidyut Bhavan Circle-1(1)(1) Race Course Circle Vadodara Alkapuri Vadodara – 390 007 "थायी लेखा सं./Pan: Aaacg 6864 F (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Manish J. Shah & Shri Rushin Patel, Ars Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2024 घोषणा की तारीख /Date Of Pronouncement: 11/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Matter Has Been Recalled Pursuant To The Order Of The Co-Ordinate Bench Dated 04.04.2024 In M.A. No. 104/Ahd/2023, Filed In Connection With I.T.A. No. 327/Ahd/2020 For The Assessment Year 2016-17. The Co-Ordinate Bench, In Its Original Order Dated 19.09.2023, Disposed Of The Appeal Filed By The Assessee. However, It Was Subsequently Observed That Ground No.4 Pertaining To The Disallowance Of Miscellaneous Losses Amounting To Rs.2.09 Crores Was Not Adjudicated In The Original Order Due To Inadvertence. Gujarat State Electricity Corporation Ltd. Vs. Acit Asst. Year : 2016-17

For Appellant: Shri Manish J. Shah &For Respondent: Shri Prathvi Raj Meena, CIT-DR

Shreenathji Associates, Vadodara vs. The ITO, Ward-1(2)(4), Vadodara

In the result, all the three appeals of the assessee are treated as allowed for statistical purposes

ITA 594/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad04 Dec 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.592, 593 & 594/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15 & 2014-15 Respectively Shreenathji Associates The Ito बनाम/ Sb-1, Shreeji Avenue, W#Ard-1(2)(4) V/S. 11, Sampatrao Colony Vadodara – 390 007 Jetalpur Road Vadodara – 390 007 "थायी लेखा सं./Pan: Abufs 4107 P (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/12/2024 घोषणा की तारीख /Date Of Pronouncement: 04/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Appeals Filed By The Assessee Arise From The Orders Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 11/05/2023, 30/11/2023 & 02/02/2024 Respectively For The Assessment Years 2013-14 & 2014-15 (Both Under Original & Reassessment Proceedings). Since The Issue Involved In All These Appeals Is Common, They Are Being Disposed Of By This Common Order For The Sake Of Convenience.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 143(2)Section 143(3)Section 250Section 43C

Shreenathji Associates, Vadodara vs. The ITO, Ward-1(2)(4), Vadodara

In the result, all the three appeals of the assessee are treated as allowed for statistical purposes

ITA 593/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad04 Dec 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.592, 593 & 594/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15 & 2014-15 Respectively Shreenathji Associates The Ito बनाम/ Sb-1, Shreeji Avenue, W#Ard-1(2)(4) V/S. 11, Sampatrao Colony Vadodara – 390 007 Jetalpur Road Vadodara – 390 007 "थायी लेखा सं./Pan: Abufs 4107 P (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/12/2024 घोषणा की तारीख /Date Of Pronouncement: 04/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Appeals Filed By The Assessee Arise From The Orders Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 11/05/2023, 30/11/2023 & 02/02/2024 Respectively For The Assessment Years 2013-14 & 2014-15 (Both Under Original & Reassessment Proceedings). Since The Issue Involved In All These Appeals Is Common, They Are Being Disposed Of By This Common Order For The Sake Of Convenience.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 143(2)Section 143(3)Section 250Section 43C