2022 (1) TMI 881

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....used. 2. The assessee has raised the following substantive grounds in the instant appeal. "1. The Order of the Commissioner of Income Tax (Appeals)-2. Hyderabad dated 28-07-2016 is erroneous, contrary to law and facts of the case. 2. The Commissioner of Income Tax (Appeals) erred in sustaining the disallowance of Rs. 137,73,184/- (comprising of interest of Rs. 56,42,302/- Proportionate part of Rs. 167,01,148/- of interest expenses and 0.5% of average value of exempt investment at Rs. 81,30,882/-) made by the Assessing Officer u/s. 14A r.w.r. 8D stating that appellant made investments "with an intention to earn exempt income, even though he has not earned any exempt income". In this connection, the appellant submits that....

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....Memorandum of Association of the Appellant and therefore disallowance u/s. Sec. 36(1)(iii) is not justified." 3. It is noticed at the outset that regarding the assessee's former substantive ground that it has not derived any exempt income in the impugned assessment year so as to set section 14A r.w. Rule 8D in motion. Case Law Cheminvest Ltd. Vs. CIT (2015) 378 ITR 33 (Del), CIT Vs. Corrtech Energy Pvt. Ltd. 223 Taxmann.com 130 (Guj) and CIT Vs. CIT Vs. Chettinad Logistics Pvt. Limited (2017) 80 taxmann.com 221 (Madras) holds that the impugned disallowance is attracted only in case an assessee derives exempt income and not otherwise. We thus accept the assessee's instant former substantive grounds for this precise reason alone an....