2020 (12) TMI 1409 - AT - Income Tax

Addition u/s 14A r.w.r. 8D - Absence of exempt income - HELD THAT - Assessee has not derived any exempt income in the impugned assessment year. Hon ble jurisdictional high court holds that sec. 14A under Rule 8D disallowance does not get attracted in absence of such an exempt income. We therefore uphold the CIT(A) s impugned action reversing the assessment findings to this effect. Revenue s appeal is dismissed.

Summary

Issues:
Appeal against deletion of sec. 14A r.w.s. Rule 8D disallowance.

Analysis:
The judgment pertains to an appeal by the Revenue against the deletion of a disallowance made under sec. 14A r.w.s. Rule 8D in the assessment for the year 2012-13. The CIT(A) had reversed the disallowance of &8377;1,56,07,230 made by the AO. The AO had applied Rule 8D to compute the disallowance, despite the assessee having voluntarily disallowed an amount under sec. 14A. The CIT(A) found that since the assessee had not earned any exempt income during the year, the disallowance was unwarranted. The CIT(A) relied on various judicial precedents, including decisions of the Delhi High Court and the ITAT Kolkata, to support this conclusion. The CIT(A) directed the AO to restrict the disallowance to the amount voluntarily disallowed by the assessee. The ITAT Kolkata upheld the CIT(A)'s decision, stating that sec. 14A disallowance does not apply in the absence of exempt income. The judgment emphasizes the principle that Rule 8D disallowance cannot be imposed when no exempt income is earned, as established by judicial precedents.

In conclusion, the ITAT Kolkata dismissed the Revenue's appeal, affirming the CIT(A)'s decision to delete the disallowance under sec. 14A r.w.s. Rule 8D. The judgment underscores the importance of exempt income as a prerequisite for applying sec. 14A and Rule 8D. The ITAT's decision was based on established legal principles and precedents, highlighting the need for a factual basis to justify disallowances under sec. 14A.