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| The Tax Publishers2019 TaxPub(DT) 3949 (Rai-Trib) INCOME TAX ACT, 1961
Section 14A Rule 8D
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 had 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 claim was earned in the relevant assessment years. Therefore, no disallowance under section 14A was to be made in the absence of any exempt income
Followed:Pr. CIT v. Oil Industries Development Board [ITA 197/2018, dt. 16-2-2018] HDFC Bank Ltd. v. Dy. CIT & Ors. (2016) 383 ITR 529 (Bom) : 2016 TaxPub(DT) 1316 (Bom-HC) CIT v. Holcim India (P) Ltd. (2014) 90 CCH 81 (Delhi) : 2014 TaxPub(DT) 3780 (Del-HC) CIT v. Corrtech Energy Pvt. Ltd. (2015) 372 ITR 97 (Gujarat) : 2014 TaxPub(DT) 2072 (Guj-HC) Godrej and Boyce Mfg. Co. Ltd. v. Dy. CIT and another (2010) 328 ITR 0081 (Bom ) : 2010 TaxPub(DT) 2182 (Bom-HC) CIT v. Reliance Utilities & Power Ltd. (2009) 313 ITR 0340 (Bom) : 2009 TaxPub(DT) 1275 (Bom-HC)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, RAIPUR BENCH
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