2018 (2) TMI 1861 - HC - Income Tax

Disallowance u/s 14A - absence of exempt income - HELD THAT - CIT (A) made the disallowance by taking into account only the investment patterns of the assessee for the concerned assessment. The ITAT relied upon the ruling of this Court in Cheminvest Limited vs. Commissioner of Income Tax-VI 2015 (9) TMI 238 - DELHI HIGH COURT which ruled in the absence of any exempt income, disallowance under Section 14-A of the Act of any amount was not permissible. Since the decision in Cheminvest Limited (supra) was followed, there is no substantial question of law that requires consideration. - decided against revenue

Summary

The High Court dismissed the Revenue's appeal challenging the ITAT's decision to set aside the disallowance of Rs. 1,62,49,000 under Section 14A of the Income Tax Act, 1961. The ITAT based its decision on the ruling in Cheminvest Limited vs. Commissioner of Income Tax-VI, stating that without any exempt income, disallowance under Section 14A was not allowed.