2024 (9) TMI 1051 - AT - Income Tax

Disallowance u/s 14A r.w.s 8D - absence of any exempt income during an assessment year - HELD THAT - As decided in Elegant Dealmark Pvt. Ltd 2024 (9) TMI 952 - ITAT KOLKATA if no exempt income is earned, disallowance u/s 14A is not warranted addition made by the AO is directed to be deleted. In light of this, the appellant succeeds on all the substantive grounds of appeal pertaining to disallowance u/s 14A of the Act read with Rule 8D of the Rules. Decided in favour of assessee.

Summary

Issues:
Application of Section 14A of the Income Tax Act, 1961 in cases where no exempt income is received.

Analysis:
The appellant filed a return of income showing an income of 8,72,340/-. The Assessing Officer found investments potentially yielding exempt income, applying Section 14A read with Rule 8D to make an addition of Rs. 12,39,765. The Commissioner of Income Tax (Appeals) confirmed this action based on an amendment to Section 14A by the Finance Act, 2022. The appellant argued that without exempt income, no disallowance under Section 14A should occur. The Tribunal referred to a similar case and held that if no exempt income is earned, disallowance under Section 14A is not warranted, citing various judicial precedents supporting this view.

In another case, the Tribunal referred to the decision in Pr. CIT vs. Avantha Realty Ltd., which held that the amendment to Section 14A by the Finance Act, 2022, does not have retrospective effect and cannot be applied to the assessment year under consideration. Therefore, the Tribunal allowed the appeal against the revenue. The appellant's addition was directed to be deleted based on the absence of exempt income.

The Tribunal emphasized that the legislative intent of Section 14A is to disallow expenditure related to income not forming part of the total income, even if no exempt income is earned. However, judicial interpretations and precedents suggest that disallowance under Section 14A should not be made if no exempt income is accrued or received during the year. The Tribunal relied on various cases to support the view that disallowance under Section 14A is not warranted in the absence of exempt income.

In conclusion, the Tribunal allowed the appeal filed by the assessee, directing the deletion of the addition made by the Assessing Officer. The Tribunal's decision was based on the principle that disallowance under Section 14A should not apply if no exempt income is earned during the assessment year.