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2018 (12) TMI 514 - AT - Income TaxAddition u/s 14A - no exempt income earned by the assessee - Held that - The assessee made the investment out of interest free surplus fund available to the assessee and the assessee did not earn the income which is exempt u/s 14A of the Act. The above facts were not disputed by the lower authorities. AO made the addition placing reliance on the Circular No.5/2014 of the CBDT and the Ld.CIT(A) confirmed the addition. Hon ble High Court of Delhi in the case of Pr.Commissioner of Income Tax Vs. IL &FS Energy Development Company Ltd. 2017 (8) TMI 732 - DELHI HIGH COURT considered the Board Circular and held that the Circular cannot override the express provisions of section 14A r.w.Rule 8D of I.T.Rules. After considering various decisions, Hon ble High Court of Delhi held that no disallowance u/s 14A of the Act was called for in case of no exempt income earned by the assessee, in the relevant assessment year. - Decided in favour of assessee.
Issues Involved:
1. Addition made by the Assessing Officer (AO) under Section 14A read with Rule 8D of the Income Tax Act, 1961. 2. Disallowance of expenditure related to exempt income in the absence of actual exempt income earned during the assessment year. Issue-wise Detailed Analysis: 1. Addition under Section 14A read with Rule 8D: The assessee filed a return of income admitting a total income of ?19,70,025 for the Assessment Year (A.Y.) 2013-14. The assessment was completed under Section 143(3) with a total income of ?25,48,130. During assessment proceedings, the AO noted that the assessee invested ?40,51,000 in equity shares but did not disallow any expenditure related to exempt income under Section 14A of the Income Tax Act. Consequently, the AO invoked Section 14A and made a disallowance of ?1,94,958 under Rule 8D of the Income Tax Rules. 2. Disallowance of Expenditure in Absence of Exempt Income: The assessee appealed against the AO’s order to the Commissioner of Income Tax (Appeals) [CIT(A)], who dismissed the appeal. The assessee then appealed to the Tribunal. During the appeal hearing, the assessee argued that the investment was made from interest-free surplus funds and no exempt income was received during the year. The assessee relied on the Delhi High Court decision in Pr. Commissioner of Income Tax Vs. IL & FS Energy Development Company Ltd. and the Tribunal’s decision in SLC Projects Pvt. Ltd. Vs. ACIT, asserting that no disallowance under Section 14A was warranted in the absence of exempt income. The Tribunal reviewed the facts and noted that the assessee did not earn any exempt income under Section 14A during the relevant assessment year. The AO’s addition was based on CBDT Circular No.5/2014, but the Tribunal referred to the Delhi High Court’s ruling that the Circular cannot override the express provisions of Section 14A read with Rule 8D. The High Court clarified that disallowance under Section 14A is not applicable if no exempt income is earned in the relevant assessment year. The Tribunal also cited its own previous decision in the case of SLC Projects Pvt. Ltd. Vs. ACIT, where it was held that no disallowance is called for in the absence of exempt income. The Tribunal extracted relevant portions from the Delhi High Court’s decision and its own previous rulings to support its conclusion. Conclusion: The Tribunal concluded that no disallowance under Section 14A is warranted in the absence of exempt income. Respectfully following the Delhi High Court’s decision and its own precedents, the Tribunal set aside the CIT(A)’s order and allowed the appeal of the assessee. The appeal was pronounced in the open court on 30th November 2018.
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