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2017 (11) TMI 711 - AT - Income TaxDisallowance u/s 14A - no exempt income earned - Held that - As no exempt income was earned by the assessee, therefore, considering the decision from Hon ble jurisdictional High Court in the case of Holcim India Pvt. Ltd. 2014 (9) TMI 434 - DELHI HIGH COURT , Hon ble Punjab & Haryana High Court in CIT vs Lakhani Marketing 2014 (7) TMI 44 - PUNJAB AND HARYANA HIGH COURT and CIT vs Shivam Motors 2014 (5) TMI 592 - ALLAHABAD HIGH COURT , we are of the view when no exempt income is earned by the assessee during the relevant year, no disallowance can be made u/s 14A of the Act r.w.r. 8D of the Rules, therefore, we find no infirmity in the conclusion of the Ld. First Appellate Authority. - Decided in favour of assessee.
Issues Involved:
1. Deleting the disallowance of ?3,13,08,541/- under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the I.T. Rules, 1962. 2. Validity of disallowance exceeding exempt income. 3. Application of CBDT Circular No.5/2014 dated 11/02/2014. 4. Consideration of judicial precedents and relevant case laws. Detailed Analysis: 1. Deleting the Disallowance under Section 14A: The Revenue challenged the deletion of disallowance of ?3,13,08,541/- under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the I.T. Rules, 1962. The Revenue's argument, based on CBDT Circular No.5/2014, was that the Ld. CIT(A) ignored the circular which clarifies Rule 8D and Section 14A. The assessee's counsel countered that no exempt income was earned during the year, relying on the decision in Cheminvest Ltd. vs CIT 378 ITR 33 (Del.). The Tribunal considered the rival submissions and noted that the Hon’ble jurisdictional High Court in the case of Cheminvest Ltd. vs CIT 378 ITR 33(Del.) supports the assessee’s case. Therefore, the Tribunal found no infirmity in the Ld. CIT(A)’s conclusion that no disallowance can be made when no exempt income is earned. 2. Validity of Disallowance Exceeding Exempt Income: In ITA No.6607/Del/2016, the assessee argued that it had already made a disallowance to the extent of exempt income, and no further disallowance was permissible, citing Joint Investments Pvt. Ltd. vs CIT 372 ITR 694 (Del.). The Tribunal referred to various judicial decisions, including the case of Metropolitan Exim Chem Ltd. and Zoom Entertainment Network Ltd., which supported the assessee's position. The Tribunal reiterated that disallowance under Section 14A cannot exceed the exempt income, aligning with the ratio laid down in Joint Investment Pvt. Ltd. vs CIT (2015) 372 ITR 694 (Del.). Consequently, the Tribunal directed that the disallowance should not exceed the dividend income earned by the assessee. 3. Application of CBDT Circular No.5/2014: The Revenue’s reliance on CBDT Circular No.5/2014 was addressed by the Tribunal, which noted that the circular clarifies Rule 8D and Section 14A but does not override judicial precedents. The Tribunal emphasized that judicial decisions, such as those from the Hon’ble jurisdictional High Court, take precedence over the circular, especially when no exempt income is earned during the relevant year. 4. Consideration of Judicial Precedents and Relevant Case Laws: The Tribunal extensively discussed various judicial precedents, including the decisions in Cheminvest Ltd. vs CIT, Joint Investments Pvt. Ltd. vs CIT, and others. It highlighted that the Hon’ble jurisdictional High Court in the case of Holcim India Pvt. Ltd., Hon’ble Punjab & Haryana High Court in CIT vs Lakhani Marketing, and Hon’ble Allahabad High Court in CIT vs Shivam Motors have consistently held that no disallowance under Section 14A can be made if no exempt income is earned. The Tribunal also referred to the case of Baba Global Ltd. vs DCIT, where it was held that disallowance cannot exceed the exempt income. Conclusion: The Tribunal concluded that in both ITA No.6606/Del/2016 and ITA No.6607/Del/2016, the disallowance under Section 14A cannot exceed the exempt income. It affirmed the Ld. CIT(A)’s decision, finding no infirmity in the deletion of disallowance when no exempt income was earned. The appeals of the Revenue were dismissed, and the Tribunal directed that the disallowance, if any, should be restricted to the extent of the exempt income earned by the assessee. The order was pronounced in the open court on 08/11/2017.
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