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| The Tax Publishers2019 TaxPub(DT) 4450 (Chd-Trib) INCOME TAX ACT, 1961
Section 14A
Where assessee had not claimed any exempt income during relevant assessment year, disallowance under section 14A was not warranted because in the absence of any tax-free income the corresponding expenditure could not be taken into consideration for disallowance.
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Disallowance under section 14A - Expenditure against exempt income - No exempt dividend income claimed by assessee -
Assessee earned exempt dividend income during the relevant assessment year. AO made disallowance under section 14A read with Rule 8D without appreciating the facts that the assessee had not earned any exempt income during the period relevant to the assessment year Held: Section 14A can be invoked only if assessee seeks to square off the expenditure against the income which does not form the part of the total income and in such circumstances, section 14A could not have been invoked, more particularly, when no exempt income was earned in the relevant assessment years as decided in case of CIT v. Winsome Textile Industries Ltd. (2009) 319 ITR 203 (P&H) : 2009 TaxPub(DT) 2012 (P&H-HC). Therefore, no disallowance under section 14A was to be made in the absence of any exempt income
Followed:Cheminvest Ltd. v. CIT (2015) 378 ITR 33 (Delhi) : 2015 TaxPub(DT) 3520 (Del-HC) CIT v. Shivam Motors (P) Ltd. (2014) 272 CTR 277 (All) : 2014 TaxPub(DT) 4333 (All-HC) CIT v. Lakhani Marketing Inc. (2014) 226 Taxmann.com 45 (P&H) : 2014 TaxPub(DT) 2458 (P&H-HC) and CIT v. Corrtech Energy Pvt. Ltd. (2014) 45 Taxmann.com 116 (Guj) : 2014 TaxPub(DT) 2072 (Guj-HC)
REFERRED :
FAVOUR : in assessee's favour
A.Y. :
IN THE ITAT, CHANDIGARH BENCH
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