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2018 (10) TMI 1037 - HC - Income TaxDisallowance u/s 14A - no exempt income earned - Held that - In Cheminvest Ltd's case 2015 (9) TMI 238 - DELHI HIGH COURT it was reiterated that Section 14A of the Act envisages that there should be an actual receipt of income, which is not includable in the total income during the relevant previous year for purpose of disallowing any expenditure under Section 14A of the Act in relation to said income. Examining the factual matrix, it may be noticed that the Tribunal while relying upon the judgment of this Court in Commissioner of Income Tax v. Lakhani Marketing Inc. 2014 (7) TMI 44 - PUNJAB AND HARYANA HIGH COURT had held that Section 14A of the Act cannot be resorted to in the year in which no exempt income had been earned. However, the revenue relied upon the CBDT Circular dated 11.2.2014 to contend that Section 14A of the Act can be invoked even in the year in which no exempt income had been earned. Accordingly, the Tribunal had dismissed the appeal of the revenue holding that unless and until there is receipt of exempted income for the concerned assessment year, Section 14A of the Act is not attracted. - decided in favour of assessee.
Issues:
- Interpretation of Section 14A of the Income Tax Act, 1961 - Applicability of CBDT Circular No.5 of 2014 - Disallowance of expenditure under Section 14A in the absence of exempt income Analysis: Interpretation of Section 14A: The appeal before the High Court involved the interpretation of Section 14A of the Income Tax Act, 1961, which deals with the disallowance of expenditure incurred in relation to income not includible in the total income. The court examined various judgments to determine the applicability of this section, emphasizing that the purpose of the expenditure must be for making or earning income, regardless of whether the income is actually earned. The court cited precedents such as Commissioner of Income Tax v. Walfort Share and Stock Brokers and Godrej and Boyce Mfg. Co. Ltd. to support its interpretation that expenditure related to income not forming part of total income cannot be deducted against taxable income. Applicability of CBDT Circular No.5 of 2014: The revenue contended that the CBDT Circular dated 11.2.2014 clarified that Section 14A of the Act can be invoked even in the absence of any exempt income. However, the court held that this circular cannot override the express provisions of Section 14A read with Rule 8 D of the Income Tax Rules, 1962. The court relied on judgments like IL&FS Energy Development Company Limited's case to emphasize that circulars cannot contradict statutory provisions and that actual receipt of income is necessary for disallowing expenditure under Section 14A. Disallowance of Expenditure in the Absence of Exempt Income: The Tribunal, based on the decision in Commissioner of Income Tax v. Lakhani Marketing Inc., held that Section 14A of the Act cannot be applied in a year where no exempt income was earned. The revenue argued for the invocation of Section 14A even without exempt income based on the CBDT Circular. However, the court upheld the Tribunal's decision, stating that unless there is receipt of exempted income for the assessment year, Section 14A is not attracted. The court found no infirmity in the Tribunal's order and dismissed the appeal, emphasizing that the CBDT Circular does not alter the statutory requirements. This detailed analysis of the judgment highlights the court's interpretation of Section 14A, the relevance of CBDT Circular No.5 of 2014, and the application of disallowance of expenditure under Section 14A in the absence of exempt income.
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