2017 (3) TMI 1763 - AT - Income Tax

Disallowance u/s 14A - whether assessee has not received any exempted income? - HELD THAT - We find that the assessee has not received any exempted income, therefore no disallowance under section 14A is to be made. We have also carefully examined the computation of income and the Balance Sheets and find that the assessee has not earned any exempted income. We have also examined the judgments referred to by the assessee in which a similar proposition has been laid down. Therefore, we are of the view that when the assessee has not received any exempted income, no disallowance under section 14A can be made. We accordingly set aside the order of the CIT(A) and delete the additions made after making disallowance under section 14A of the Act. - Decided in favour of assessee.

Summary

Issues:
1. Disallowance under section 14A of the Income Tax Act.
2. Applicability of section 14A in the absence of exempt income.
3. Judicial precedent regarding disallowance under section 14A.

Issue 1: Disallowance under section 14A of the Income Tax Act

The appeal was filed against the order of the CIT(A) challenging the disallowance made under section 14A of the Income Tax Act. The appellant contended that no disallowance should be made as they had not received any exempted income. The learned DR, however, relied on the order of the CIT(A) in this regard.

Issue 2: Applicability of section 14A in the absence of exempt income

The appellant argued that since they had not received any exempted income, the provisions of section 14A should not apply to them. The appellant supported this argument by referring to their computation of income and Balance Sheet. They also cited a judgment of the jurisdictional High Court and other relevant case laws to support their position.

Issue 3: Judicial precedent regarding disallowance under section 14A

The Tribunal examined the arguments presented by both parties and reviewed the orders of the lower authorities. After careful consideration, the Tribunal found that the appellant had indeed not earned any exempted income. Relying on the judgments cited by the appellant and the absence of exempt income, the Tribunal concluded that no disallowance under section 14A should be made. Consequently, the Tribunal set aside the order of the CIT(A) and deleted the additions made under section 14A of the Act, allowing the appeal filed by the assessee.

This judgment highlights the importance of exempt income in determining the applicability of disallowance under section 14A of the Income Tax Act. It underscores the significance of supporting arguments with relevant case laws and judicial precedents to strengthen one's position in tax matters.