2019 (6) TMI 1621 - AT - Income Tax

Disallowance u/s 14A - HELD THAT - It is not in dispute that during the year under consideration, the assessee was not having any exempt income, therefore, in view of the decision of CHEMINVEST LIMITED VERSUS COMMISSIONER OF INCOME TAX-VI 2015 (9) TMI 238 - DELHI HIGH COURT CIT(A), no disallowance is warranted. Accordingly, we upheld the action of CIT(A) for deleting the disallowance made u/s.14A. Expenditure incurred on gift / diwali puja expenses etc disallowed - HELD THAT - This issue has also been decided by this Tribunal in assessee s own case, which has been followed by CIT(A). Respectfully following the order of the Tribunal in assessee s own case for A.Y.2006-07 2012 (11) TMI 1245 - ITAT MUMBAI we do not find any infirmity in the order of CIT(A) for confirming the disallowance, in both the years under consideration.

Summary

Issues: Cross appeals filed by assessee and revenue against the order of CIT(A)-54, Mumbai for A.Yrs. 2013-14 & 2014-15 under section 143(3) of the IT Act.

Analysis:
1. Sundry Expenses Disallowance: The appellant, a shipping agency, incurred expenses under "sundry expenses" during the assessment year 2014-15. While the appellant had voluntarily disallowed 25% of the expenses, the AO disallowed the remaining 75%. The CIT(A) upheld the addition of 25% and deleted the balance based on previous tribunal decisions. The ITAT, respecting the consistency of decisions, upheld the CIT(A) order, dismissing the revenue's appeal for both years under consideration.

2. Disallowance under Section 14A: The AO disallowed an amount under section 14A using Rule 8D, considering the appellant's investments without any exempt income earned. However, the CIT(A) deleted the disallowance citing a Delhi High Court judgment that section 14A doesn't apply if no exempt income is received. The ITAT concurred, upholding the CIT(A)'s decision to delete the disallowance under section 14A.

3. Expenditure on Gift/Diwali Puja Disallowance: The appellant sought disallowance of 41.50% for expenditure on gifts/Diwali puja for both years. The CIT(A) confirmed the disallowance based on tribunal decisions in the appellant's own case for previous years. The ITAT upheld the CIT(A)'s order, dismissing the appeals of both the revenue and the assessee for the relevant assessment years.

In conclusion, the ITAT Mumbai, in a consolidated order, addressed the issues of sundry expenses disallowance, section 14A disallowance, and expenditure on gift/Diwali puja disallowance for the assessment years 2013-14 and 2014-15, maintaining consistency with previous tribunal decisions and relevant legal judgments.