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2018 (5) TMI 141 - AT - Income TaxDisallowance u/s 14A - Held that - In absence of any tax free income earned by the assessee, disallowance u/s 14A could not be made. In a similar vein, it has been held in Cheminvest Ltd. v. CIT (2015 (9) TMI 238 - DELHI HIGH COURT) that section 14A will not apply if no exempt income is received or receivable during the relevant previous year. In CIT vs. Chettinad Logistics (P) Ltd. (2017 (4) TMI 298 - MADRAS HIGH COURT) has held that section 14A cannot be invoked where no exempt income was earned by the assessee in the relevant assessment year. Allowability of business expenses - Held that - In the instant case, the assessee failed to file before the AO evidence to substantiate the allowability of the above expenses. The assessee also failed to establish that these expenses were incurred wholly and exclusively for the business purpose. As mentioned hereinbefore at para 10, the Ld. CIT(A), having examined (i) the addition made by the AO, (ii) addition confirmed by the CIT(A), (iii) addition confirmed by the ITAT for AYs 2006-07, 2007-08, 2008-09 and 2009-10 has confirmed a disallowance of ₹ 12,44,930/- (Rs.29,96,221/- minus ₹ 12,44,930/-). Thus the Ld. CIT(A) has given a relief of ₹ 17,51,291/-. As the above order of the Ld. CIT(A) is based on a comparative analysis being contextual, we confirm the same and uphold the disallowance of ₹ 12,44,930/-. Accordingly, the above grounds of appeal are dismissed.
Issues Involved:
1. Disallowance under Section 14A of the Income Tax Act. 2. Disallowance of miscellaneous expenses, including business promotion, gift expenses, Diwali Pooja expenses, and Chandla expenses. 3. Disallowance of sundry expenses under Section 37(1) of the Income Tax Act. Issue-wise Detailed Analysis: 1. Disallowance under Section 14A of the Income Tax Act: The assessee argued that no exempt income was earned during the year under consideration, and thus, disallowance under Section 14A read with Rule 8D was not applicable. The Assessing Officer (AO) had disallowed ?48,33,299/- based on the provisions of Section 14A r.w. Rule 8D, despite the assessee not earning any exempt income. The Commissioner of Income Tax (Appeals) [CIT(A)] deleted part of the disallowance but confirmed ?26,20,720/-. The Tribunal referred to the cases of CIT v. Shivam Motors (P) Ltd., Cheminvest Ltd. v. CIT, and CIT vs. Chettinad Logistics (P) Ltd., which held that Section 14A cannot be invoked if no exempt income is earned. Consequently, the Tribunal deleted the disallowance of ?26,20,720/- confirmed by the CIT(A), allowing the assessee's appeal on this ground. 2. Disallowance of Miscellaneous Expenses: The AO disallowed various expenses claimed by the assessee, including business promotion expenses, gift expenses, Diwali Pooja expenses, and Chandla expenses, on the grounds that they were not wholly and exclusively for business purposes. The CIT(A) provided partial relief by confirming a disallowance of ?12,44,930/- (41.55% of the total disallowance of ?29,96,221/-) based on past ITAT decisions for similar expenses in previous assessment years. The Tribunal upheld the CIT(A)'s decision, noting that the assessee failed to substantiate the allowability of these expenses and confirm their business purpose. The Tribunal dismissed the assessee's appeal on this ground. 3. Disallowance of Sundry Expenses under Section 37(1): The AO disallowed ?2,46,82,967/- out of total sundry expenses of ?3,29,10,623/-, considering them as "speed money" and thus not allowable under Section 37(1) of the Act. The assessee had already disallowed 25% of these expenses in its return. The CIT(A) followed previous ITAT rulings in the assessee's own case and restricted the disallowance to 25%, granting relief for the remaining amount. The Tribunal upheld the CIT(A)'s decision, noting that similar disallowances had been consistently restricted to 25% in previous years. The Tribunal dismissed the Revenue's appeal on this ground. Conclusion: The Tribunal allowed the assessee's appeals partly, specifically regarding the disallowance under Section 14A, while dismissing the appeals related to miscellaneous expenses. The Revenue's appeals were dismissed entirely, upholding the CIT(A)'s decisions on all grounds. The order was pronounced in open court on 25/04/2018.
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