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2015 (4) TMI 1171 - AT - Income TaxDisallowance u/s 14A - computation of deduction - Held that - Hon ble Delhi High Court in Joint Investment Pvt. Ltd. Vs. CIT 2015 (3) TMI 155 - DELHI HIGH COURT has held that the disallowance u/s 14A cannot exceed the amount of exempt income. The amount of disallowance u/s 14A should not exceed the exempt income. Since the total exempt income in the instant case is 25, 38, 020/- we direct that the disallowance u/s 14A be restricted to 18, 01, 968/- (Rs.25, 38, 020- 7, 36, 052/-). The remaining amount of disallowance is directed to be deleted.
Issues:
Confirmation of disallowance under section 14A Analysis: The judgment pertains to an appeal against an order passed by the CIT(A) regarding the assessment year 2009-10. The sole issue raised was the confirmation of disallowance under section 14A amounting to Rs. 1,05,07,322. The assessee had earned exempt income of Rs. 25,38,020 from investments in mutual funds and voluntarily offered a disallowance of Rs. 7,36,052 under section 14A. However, the AO computed the disallowance using Rule 8D at Rs. 1.12 crore, leading to a further disallowance of Rs. 1,05,07,322. The CIT(A) upheld this addition. Upon hearing the submissions and reviewing the evidence, the Tribunal noted that the total exempt income earned by the assessee was Rs. 25.38 lakh, while the disallowance made was Rs. 1.05 crore. Citing judgments from the Hon'ble Delhi High Court, it was established that the disallowance under section 14A cannot exceed the amount of exempt income. Referring to specific cases like Joint Investment Pvt. Ltd. Vs. CIT and CIT vs. Holcim India Pvt Ltd., it was clarified that no disallowance under section 14A should be made in the absence of any exempt income. The rationale behind these decisions was to ensure that the disallowance under section 14A does not surpass the exempt income. As a result of the analysis, the Tribunal directed that the disallowance under section 14A be restricted to Rs. 18,01,968, which is the difference between the total exempt income and the voluntary disallowance made by the assessee. The remaining amount of disallowance was ordered to be deleted. Consequently, the appeal was partly allowed, and the order was pronounced in open court on 29.04.2015.
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