2020 (12) TMI 654 - AT - Income Tax

Disallowance u/s 14A r.w.r. 8D - HELD THAT - Since the assessee claims that it has not earned any exempt income during the relevant period under consideration the fact of which is not disputed by the Revenue we do not find any reason to interfere with the order of the Ld. CIT(A). Therefore we dismiss the Revenue s appeal.

Summary

Issues:
- Disallowance under Section 14A read with Rule 8D for assessment year 2009-10.

Analysis:
The Revenue appealed against the Commissioner of Income Tax (Appeals) order concerning the disallowance under Section 14A read with Rule 8D for the assessment year 2009-10. The assessee, a petrochemical products manufacturer, had its assessment reopened by the Assessing Officer, who made disallowances and restrictions. The Commissioner, relying on relevant court decisions, held that disallowance under Section 14A read with Rule 8D can only be made when there is exempt income, and investments yielding exempt income should be considered for disallowance calculation. The Revenue contested this decision, citing Supreme Court rulings and CBDT circulars. The case was presented through video conferencing, with the assessee maintaining that no exempt income was earned during the relevant period. The Tribunal, noting the undisputed fact of no exempt income earned, upheld the Commissioner's order, dismissing the Revenue's appeal.

In conclusion, the Tribunal upheld the Commissioner's order regarding the disallowance under Section 14A read with Rule 8D for the assessment year 2009-10. The decision was based on the absence of any exempt income earned by the assessee during the relevant period, leading to the dismissal of the Revenue's appeal.