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TMI BlogClarification regarding disallowance of expenses under section 14A of the Income-tax Act in cases where corresponding exempt income has not been earned during the FY -regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 Subject: - Clarification regarding disallowance of expenses under section 14A of the Income-tax Act in cases where corresponding exempt income has not been earned during the FY -regarding. Section 14A of the Income-tax Act, 1961 ('Act') provides for disallowance of expenditure in relation to income not "includible" in total income. 2. A controversy has arisen in certain cases as to whether d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemptions to certain categories of income is being used to reduce also the tax payable on the non-exempt income by debating the expenses incurred to earn the exempt income against taxable income. This is against the basic principles of taxation whereby only the net income, i.e., gross income minus the expenditure, is taxed. On the same analogy, the exemption is also in respect of the net income. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t use the world "income of the year" but "income under the Act". This also indicates that for invoking disallowance under section 14A, it is not material that assessee should have earned such exempt income during the financial year under consideration. 5. The above position is further substantiated by the language used in Rule 8D(2(ii) & 8D(2)(iii) of I.T. Rules Which are extracted below: "(ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Thus, in light of above, Central Board of Direct Taxes, in exercise of its powers under section 119 of the Act hereby clarifies that Rule 8D read with section 14A of the Act provides for disallowance of the expenditure even where taxpayer in a particular year has not earned any exempt income. 7. This may be brought to the notice of all concerned. 8. Hindi version to follow. (F.No. 225/182/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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