This case deals with the disallowance of expenditure u/s 14A of ...

Exempt income expenditure disallowance limited to extent of tax-free earnings u/s 14A.

Case Laws     Income Tax

August 30, 2024

This case deals with the disallowance of expenditure u/s 14A of the Income Tax Act, which pertains to expenditure incurred in relation to exempt income. The key points are: Section 14A mandates disallowance of expenditure incurred in earning exempt income to prevent the assessee from claiming dual benefit of exempt income and deduction of related expenditure against taxable income. The disallowance is restricted to the extent of exempt income earned during the year. Existence of exempt income is a prerequisite for invoking Section 14A. The court affirmed the principle of apportionment and identification of expenditure related to exempt income. Expenditure can be claimed as deductible only if incurred to earn taxable income. Section 14A(2) and Rule 8D reinforce this principle. The Explanation appended to Section 14A, seeking to apply the provision irrespective of exempt income earned, is prospective and applies from Assessment Year 2022-23 onwards, as clarified in the Memorandum to the Finance Bill, 2022. Consequently, the court upheld the Tribunal's view that disallowance u/s 14A is restricted to the extent of exempt income earned during the year for the relevant assessment years.

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