2021 (4) TMI 964 - HC - Income Tax

Disallowance u/s 14A r.w.r. 8D - HELD THAT - As for the assessment year 2013-14, the assessee has not earned any exempted income. The aforesaid fact has not been disputed by the revenue, and therefore, the ITAT was justified in allowing the appeal preferred by the assessee. - Decided in favour of assessee.

Summary

Issues:
1. Disallowance under Section 14A of the Income Tax Act, 1961 for the assessment year 2013-14.

Analysis:
The High Court of Karnataka heard an appeal arising from an order passed by the Income Tax Appellate Tribunal (ITAT) for the assessment year 2013-14. The case involved a company engaged in property development that had filed its return of income showing nil income. The issue arose when the Assessing Officer disallowed a substantial amount under Section 14A of the Income Tax Act, read with Rule 8D(2) of the Income Tax Rules, resulting in a loss for the assessee. The assessee's appeal before the Commissioner of Income Tax (CIT) was dismissed, leading to an appeal before the ITAT, which ruled in favor of the assessee. The department then appealed to the High Court.

The High Court admitted the appeal based on a substantial question of law regarding the deletion of disallowances made under Section 14A by the ITAT. The question revolved around whether the Tribunal was justified in law in deleting the disallowances without considering the Board's Circular emphasizing that only expenses related to earnings of income should be allowed. The assessee argued that no exempted income was earned in the relevant year, thus the disallowance was unwarranted, a fact disputed by the department.

The counsel for the assessee referenced a judgment in a similar case and argued that since no exempt income had accrued, the provisions of Section 14A did not apply. The judgment highlighted that expenses proportionate to the earning of exempt income could be disallowed under Section 14A, emphasizing that the provision is related to the actual income earned. The High Court affirmed that since no exempted income was earned in the assessment year 2013-14, the ITAT's decision to allow the appeal was justified.

Consequently, the High Court ruled in favor of the assessee, dismissing the appeal by the revenue. The judgment clarified the application of Section 14A in cases where no exempt income was earned, aligning with the principle that only expenses related to actual income should be disallowed under this provision.