2020 (8) TMI 123 - AT - Income Tax

Disallowance u/s 14A read with Rule 8D - D.R. referred to Board Circular on the proposition that even under such circumstances when no dividend income has earned, addition could be made under section 14A because the A.O. is bound by the mandatory provisions of Rule 14A read with Rule 8D(2) - CIT- A deleted the addition - HELD THAT - Since it is an admitted fact that no dividend income is earned by assessee in assessment year under appeal which fact is clearly mentioned in the Orders of the authorities below, therefore, it is an undisputed fact that assessee company has not received any dividend income in assessment year under appeal. This issue has also been decided in case of Cheminvest Ltd. 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. The Ld. CIT(A) correctly followed the decision of Hon ble Delhi High Court in the case of Cheminvest Ltd., (supra) and hence, no interference is required into the matter. The Departmental Appeals fails and is accordingly dismissed. - Decided against revenue.

Summary

Issues Involved:
Challenge against deletion of disallowance under section 14A read with Rule 8D of I.T. Act, 1961 for the A.Y. 2014-2015.

Analysis:

1. Disallowance of Exempt Income:
The appellant, a company engaged in investment activities, faced a disallowance of &8377; 4,34,68,736 under section 14A read with Rule 8D of the I.T. Act, 1961 by the Assessing Officer (A.O.). The A.O. contended that irrespective of earning income, expenses related to exempt income should be disallowed. The appellant challenged this before the Ld. CIT(A), arguing that since no dividend income was received during the assessment year, no further disallowance should be made. The Ld. CIT(A) referred to Delhi High Court judgments and held that no addition could be made in the absence of dividend income. The disallowance was deleted based on this reasoning.

2. Judicial Precedents and Interpretation:
The A.O. relied on judicial precedents to support the disallowance, but the Ld. CIT(A) emphasized the importance of actual receipt of exempt income. The Ld. CIT(A) correctly applied the decisions of the Hon'ble Delhi High Court, stating that Section 14A does not apply if no exempt income is received or receivable during the relevant previous year. The Ld. CIT(A) dismissed the appeal, noting that the appellant did not earn any dividend income during the assessment year.

3. Decision and Conclusion:
Upon review, the Tribunal found no grounds for interference. The Departmental Appeals failed as it was established that the appellant did not receive any dividend income during the assessment year. The Tribunal upheld the decision of the Ld. CIT(A) based on the interpretation of Section 14A and relevant judicial precedents. Consequently, the appeal of the Revenue was dismissed.

This detailed analysis highlights the key arguments, interpretations of legal provisions, and the final decision of the Tribunal in the case involving the disallowance of exempt income under section 14A of the I.T. Act, 1961 for the relevant assessment year.