2015 (10) TMI 2517 - AT - Income Tax

Disallowance u/s 14A - Held that - If there is no exempt income claimed by the assessee, then there is no disallowance ought to be made u/s 14A of the Income-tax Act. See CIT vs. Corrtech Energy P. Ltd 2014 (3) TMI 856 - GUJARAT HIGH COURT - Decided in favour of assessee.

Summary

Issues:
1. Condonation of delay in filing appeal.
2. Disallowance of expenses under Section 14A.

Condonation of Delay:
The appeal before the Appellate Tribunal was found to be time-barred by 31 days. The assessee filed an application for condonation of delay, explaining that the delay was due to the Accountant misplacing the papers necessary for filing the appeal. The Tribunal, after considering the circumstances, concluded that there was no deliberate attempt by the assessee to make the appeal time-barred. The Tribunal found the Accountant's error to be a plausible human mistake and not malicious. Consequently, the delay in filing the appeal was condoned, and the appeal was decided on merit.

Disallowance of Expenses under Section 14A:
The main grievance of the assessee was the disallowance of expenses amounting to &8377;6,69,258 under Section 14A by the Commissioner of Income-tax (Appeals). The assessee argued that as there was no exempt income during the year, no disallowance under Section 14A should be made. The assessee relied on a decision of the Hon'ble Gujarat High Court in the case of CIT vs. Corrtech Energy P. Ltd, which supported their contention. The Tribunal carefully examined the contentions of both parties and referred to the Gujarat High Court decision, emphasizing that if there is no exempt income claimed by the assessee, no disallowance should be made under Section 14A. The Tribunal noted that the issue was conclusively settled by the High Court decision and accordingly allowed the appeal of the assessee, deleting the disallowance of expenses.

Conclusion:
The Appellate Tribunal, after condoning the delay in filing the appeal, allowed the appeal of the assessee concerning the disallowance of expenses under Section 14A. The Tribunal's decision was based on the clear interpretation of the law as established by the Hon'ble Gujarat High Court, which held that in the absence of exempt income, disallowance under Section 14A should not be made.