2018 (11) TMI 1844 - AT - Income Tax

Tribunal deletes disallowance of expenses under Income Tax Act for no exempt income.

The Tribunal allowed the appellant's appeal, deleting the disallowance of Rs. 6,11,21,496 under Section 14A of the Income Tax Act, 1961 for Assessment ... Disallowance u/s.14A r.w. Rule 8D - assessee contends that since it had earned no exempt income in the year under consideration, no disallowance can be made under Section 14A r.w. Rule 8D - HELD THAT:- In the factual matrix of the case on hand where the assessee has not earned any exempt income in the year under consideration, no disallowance can be made under Section 14A r.w. Rule 8D. In coming to this view, we drew support from the decision of the Hon'ble High Court of Delhi in the case of Cheminvest Ltd. Vs. CIT [2015 (9) TMI 238 - DELHI HIGH COURT] wherein held that when no exempt income is earned in the year under consideration, then no disallowance under Section 14A r.w. Rule 8D can be made. In similar factual circumstances as in the case on hand, where the assessee had not earned exempt income in the year under consideration. no disallowance could be made under Section 14A r.w. Rule 8D where the assessee had not earned exempt income in the year under consideration. Also see M/S. CHETTINAD LOGISTICS PVT. LTD. [2017 (4) TMI 298 - MADRAS HIGH COURT] - Decided in favour of assessee. Issues:1. Disallowance under Section 14A of the Income Tax Act, 1961 for Assessment Year 2013-14.Analysis:The appellant, a property development company, challenged the disallowance of Rs. 6,11,21,496 under Section 14A of the Act for Assessment Year 2013-14. The appellant contended that since it had not earned any exempt income during the relevant year, no disallowance should be made under Section 14A. The authorities below upheld the disallowance, but the Tribunal, after considering relevant judicial pronouncements, ruled in favor of the appellant. The Tribunal noted that when no exempt income is earned in the relevant year, no disallowance under Section 14A r.w. Rule 8D can be made. Citing decisions by the High Courts of Delhi and Madras, the Tribunal concluded that in such circumstances, the disallowance made by the Assessing Officer should be deleted. Therefore, the Tribunal allowed the appellant's appeal on this issue, deleting the disallowance under Section 14A r.w. Rule 8D.The Tribunal found that since the appellant had not earned any exempt income in the relevant year, no disallowance could be made under Section 14A r.w. Rule 8D. This decision was supported by judicial precedents from the High Courts of Delhi and Madras. The Tribunal emphasized that the actual receipt of exempt income during the relevant previous year is a prerequisite for disallowing any expenditure related to such income under Section 14A. As the appellant did not receive any exempt income, the disallowance made by the Assessing Officer was deemed unjustified. Therefore, the Tribunal allowed the appeal, deleting the disallowance under Section 14A r.w. Rule 8D for the Assessment Year 2013-14.The Tribunal's decision was based on the principle that no disallowance under Section 14A r.w. Rule 8D can be made if no exempt income is earned or receivable during the relevant previous year. The Tribunal referred to specific judgments by the High Courts of Delhi and Madras to support its conclusion. By aligning with the reasoning of these courts, the Tribunal held that the disallowance of Rs. 6,11,21,496 made by the Assessing Officer was not justified in the absence of any exempt income earned by the appellant during the relevant assessment year. Consequently, the Tribunal allowed the appellant's appeal for Assessment Year 2013-14, deleting the disallowance under Section 14A r.w. Rule 8D.