Section 14A disallowance, prospective 80-IB(10) amendment, and provident fund contribution relief were all upheld for the assessee.

Disallowance under section 14A read with Rule 8D cannot be sustained where no exempt income is earned, so the related addition was deleted. Clauses (e) and (f) of section 80-IB(10), inserted with effect from 01.04.2010, were treated as prospective; accordingly, pre-2010 allotments of residential units could not be denied deduction merely because multiple flats were allotted to the same or related persons, and the deduction was allowable. Employees' contribution to provident fund paid before the due date for filing the return under section 139(1) was also held allowable, so the corresponding disallowance was deleted.

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Issues: (i) Whether disallowance under section 14A of the Income-tax Act, 1961 read with Rule 8D of the Income-tax Rules, 1962 was sustainable in the absence of exempt income; (ii) whether the denial of deduction under section 80-IB(10) of the Income-tax Act, 1961 on the basis of clauses (e) and (f) was justified for allotments made before 01.04.2010; (iii) whether employees' contribution to provident fund paid before the due date of filing the return was allowable.

Issue (i): Whether disallowance under section 14A of the Income-tax Act, 1961 read with Rule 8D of the Income-tax Rules, 1962 was sustainable in the absence of exempt income.

Analysis: The assessee had not derived any exempt income during the relevant assessment year. The disallowance made under section 14A read with Rule 8D was therefore examined in light of the settled position that such disallowance cannot survive where no exempt income has arisen.

Conclusion: The disallowance was rightly deleted and the issue was decided in favour of the assessee.

Issue (ii): Whether the denial of deduction under section 80-IB(10) of the Income-tax Act, 1961 on the basis of clauses (e) and (f) was justified for allotments made before 01.04.2010.

Analysis: The residential units in question were allotted in 2007 and 2008, whereas clauses (e) and (f) were inserted with effect from 01.04.2010. The amendment was treated as prospective, and the size of each residential unit was within the permissible limit. On that basis, the pre-amendment allotments could not be denied deduction merely because more than one flat was allotted to the same person or related persons.

Conclusion: The deduction under section 80-IB(10) was allowable and the issue was decided in favour of the assessee.

Issue (iii): Whether employees' contribution to provident fund paid before the due date of filing the return was allowable.

Analysis: The payment was made before the due date for filing the return under section 139(1) of the Income-tax Act, 1961, and the settled legal position treated such payment as allowable.

Conclusion: The disallowance was deleted and the issue was decided in favour of the assessee.

Final Conclusion: The Revenue's challenge failed on all substantive grounds, and the assessment additions/disallowances were not restored.

Ratio Decidendi: A disallowance under section 14A cannot be sustained in the absence of exempt income, clauses newly inserted in section 80-IB(10) operate prospectively, and employees' contribution to provident fund paid before the return-filing due date is allowable.

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