2019 (8) TMI 653 - HC - Income Tax

Disallowance u/s 14A r.w. Rule 8D - no exempt income earned during the year - HELD THAT - Tribunal concurred with the findings recorded by the CIT(A) that Section 14A can be invoked only if the assessee seeks to square off the expenditure against the income which does not form the part of the total income under the Act and in such circumstances, Section 14A of the Act could not have been invoked, more particularly, when no exempt income claim was earned in the relevant assessment years. The Tribunal has relied on various decisions including the decision of this court in the case of Corrtech Energy Private Limited, 2014 (3) TMI 856 - GUJARAT HIGH COURT Having regard to the concurrent findings recorded by the two Revenue Authorities, we are not inclined to disturb such findings. In our view, there is no substantial question of law involved in the present Tax Appeal.

Summary

Issues Involved:
1. Interpretation of Section 14A of the Income Tax Act, 1961 regarding disallowance of expenses related to tax-free income.

Analysis:
The High Court of Gujarat heard a Tax Appeal under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against an order of the Income Tax Appellate Tribunal. The main issue raised was whether the Appellate Tribunal erred in upholding the decision of the Commissioner of Income Tax (Appeals) in deleting a disallowance of a specific amount under Section 14A of the Act read with Rule 8D. The Appellate Tribunal, in its order, referred to a previous decision of the High Court in the case of Correctech Energy, stating that if no tax-free income was earned by the assessee, then no expenses related to earning tax-free income could be incurred. The Tribunal concurred with the CIT(A) that Section 14A could only be invoked if the assessee sought to offset the expenditure against income not forming part of the total income under the Act. Since no exempt income claim was earned in the relevant assessment years, the Tribunal held that Section 14A could not be invoked. The High Court, based on the concurrent findings of the Revenue Authorities, dismissed the Tax Appeal as it found no substantial question of law involved.

In conclusion, the High Court upheld the decision of the Appellate Tribunal and the CIT(A) in deleting the disallowance under Section 14A of the Income Tax Act, 1961. The judgment emphasized that Section 14A could not be applied if no exempt income was earned by the assessee, as expenses related to earning tax-free income would not be allowed. The Court found no merit in the Revenue's arguments and dismissed the Tax Appeal, affirming the lower authorities' decisions.