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2021 (9) TMI 2 - AT - Income TaxDisallowance u/s 14A - assessee argued no exempted income was earned during the relevant assessment year - HELD THAT - A.O. while making the disallowance u/s 14A had relied on the Special Bench order of the Tribunal in Cheminvest Ltd. 2009 (8) TMI 126 - ITAT DELHI-B but the said order of the Tribunal was reversed by the Hon ble Delhi High Court 2015 (9) TMI 238 - DELHI HIGH COURT wherein as clearly held that unless exempted income earned during the relevant assessment year, there cannot be any disallowance u/s 14A . Thus since no exempted income is earned during the relevant assessment year, no disallowance u/s 14A of the I.T.Act could be resorted to - Decided against revenue.
Issues:
Whether the CIT(A) erred in deleting the disallowance made by the Assessing Officer u/s 14A of the I.T. Act. Analysis: The case involved an appeal by the Revenue against the CIT(A)'s order regarding the disallowance made by the Assessing Officer under section 14A of the Income Tax Act. The CIT(A) had deleted the disallowance as no exempted income was earned during the relevant assessment year. The Revenue contended that the disallowance should stand based on the findings of the Assessing Officer. The assessee argued that the issue was covered by previous Tribunal orders in their favor for different assessment years. The Tribunal noted that no exempted income was earned during the relevant assessment year, citing a judgment of the Hon'ble Delhi High Court that disallowance under section 14A cannot be made unless exempted income is earned. The Tribunal referenced its own previous order and the Delhi High Court's judgment to support the deletion of the disallowance. As the facts were similar to a previous assessment year where no disallowance was made, the Tribunal upheld the CIT(A)'s decision to delete the disallowance. The Tribunal emphasized that the disallowance under section 14A of the I.T. Act cannot be made if no exempted income is earned during the relevant assessment year. The decision was supported by the judgment of the Hon'ble Delhi High Court, which clarified that disallowance cannot be imposed in the absence of exempted income. The Tribunal's decision was consistent with its previous orders and the Delhi High Court's ruling, providing a strong legal basis for deleting the disallowance. The Tribunal's analysis highlighted the importance of exempted income as a prerequisite for disallowance under section 14A, ensuring a fair and accurate application of the tax provisions. Ultimately, the Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision to delete the disallowance under section 14A of the I.T. Act. The decision was based on the absence of exempted income during the relevant assessment year, in line with the legal precedents and judgments cited during the proceedings. The Tribunal's thorough analysis and reliance on established legal principles ensured a just outcome in the case, providing clarity on the interpretation and application of section 14A in the context of the specific circumstances presented.
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