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2022 (9) TMI 98 - AT - Income TaxDisallowance u/s 14A r.w. r. 8D - AO sought to disallow the expenditure relatable to earning of tax-free income - As contended by the assessee that it has not earned any dividend or exempted income during the year - HELD THAT - We are of the view that no disallowance is required to be made in the case of assessee because it has not earned any tax-free income as was in the case of M/s. Era Infrastructure (India) Limited 2022 (7) TMI 1093 - DELHI HIGH COURT before the Hon'ble Delhi High Court. We allow the appeal and delete the addition.
Issues Involved:
1. Confirmation of addition under Section 14A of the Income Tax Act, 1961. 2. Retrospective application of the amendment to Section 14A by the Finance Act, 2022. Detailed Analysis: 1. Confirmation of Addition under Section 14A of the Income Tax Act, 1961 The primary issue in this appeal was whether the Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 5,81,861/- made by the Assessing Officer under Section 14A of the Income Tax Act, 1961, read with Rule 8D(2)(iii) of the Income Tax Rules, 1962. The assessee contended that no disallowance of expenditure was warranted under Section 14A since it had not earned any dividend or exempted income during the year. Despite this, the Assessing Officer proceeded to disallow the expenditure, leading to the addition. The CIT(Appeals) upheld this decision, prompting the appeal. 2. Retrospective Application of the Amendment to Section 14A by the Finance Act, 2022 The Revenue argued that the amendment to Section 14A by the Finance Act, 2022, which inserted a non-obstante clause and an explanation, was retrospective in nature. This amendment was intended to clarify that the provisions of Section 14A apply even if no exempt income has been earned during the relevant year. The Revenue cited recent ITAT Kolkata decisions supporting this view. However, the Tribunal referred to the Hon'ble Delhi High Court judgment in the case of Principal Commissioner of Income Tax vs. M/s. Era Infrastructure (India) Limited, which held that the amendment to Section 14A is not retrospective and applies only from April 1, 2022, affecting the assessment year 2022-23 and subsequent years. The Tribunal also cited the Supreme Court's decision in Sedco Forex International Drill. Inc. v. CIT, which established that a retrospective provision in a tax act, even if stated to be "for the removal of doubts," cannot be presumed to be retrospective if it alters or changes the law as it previously stood. The Tribunal noted that the amendment to Section 14A by the Finance Act, 2022, explicitly stated its applicability from April 1, 2022, thus not affecting the assessment year in question (2017-18). Conclusion: Respectfully following the Hon'ble Delhi High Court's decision, the Tribunal concluded that no disallowance under Section 14A was required in this case because the assessee had not earned any tax-free income during the relevant year. Therefore, the appeal was allowed, and the addition was deleted. Result: The appeal of the assessee was allowed, and the addition of Rs. 5,81,861/- was deleted. Order Pronouncement: The order was pronounced in the open Court on August 2, 2022.
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