MORGAN CREDITS PVT LTD,MUMBAI vs. CIT (A)-54, MUMBAI
What did the Tribunal hold?
The Tribunal held that only investments yielding exempt dividend income should be considered for computing the average value of investments as per Rule 8D. The matter was restored to the Assessing Officer for recomputation.
What were the facts?
The assessee challenged the disallowance made by the Assessing Officer under Section 14A, arguing that the average value of investments should only include those yielding dividend income. The Assessing Officer included all investments, increasing the disallowance.
What were the issues?
Whether the average value of investments for Section 14A disallowance should include only investments yielding dividend income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Cargo Motors Pvt. Ltd. v. DCIT15 citing453 ITR 554 · 2023 · HC
- Pr.CIT v. Shalimar Pettel Feeds Ltd.11 citing453 ITR 547 · 2023 · HC
Income Tax Appellate Tribunal, Mumbai “D” Bench, Mumbai.
Before: Shri B.R. Baskaran (AM) & Shri Narender Kumar Choudhry (JM)
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per B.R.Baskaran (AM) :-
Both the appeals filed by the assessee are directed against the separate orders dated 14.2.2023 passed by the learned CIT(A)-54, Mumbai and they relate to the A.Y. 2017-18 & 2018-19.
Learned counsel appearing for the assessee submitted that the assessee has challenged the enhancement of disallowance made by the Assessing Officer under section 14A of the Act in both the years. The Learned AR submitted that the Assessing Officer has computed the “average value of investments” taking into account all the investments, i.e., including the investments which did not yield any dividend income. The plea of the assessee to consider only those investments which has yielded exempt dividend income for the purpose of computing average value of investment was not accepted by the Assessing Officer. Accordingly, the AO increased the 2 Morgan Credits Pvt. Ltd.
amount of disallowance u/s 14A of the Act that that voluntarily disallowed by the assessee. The appeals filed by the assessee before the learned CIT(A) for both the years under consideration were dismissed.
The Learned AR submitted that it is well settled proposition that only those investments which have yielded exempt dividend income alone should be considered for computing ‘average value of investments’ for the purposes of Rule 8D of IT Rules. In support this submission, Ld A.R placed his reliance on the decision of Hon'ble Kolkata High Court decision in the case of PCIT Vs. Shalimar Pellet Feeds Ltd. (2023) 453 ITR 547 and also on the decision rendered by Hon'ble High Court of Delhi in the case of Cargo Motors (P) Ltd. Vs. DCIT (2023) 453 ITR 554. Accordingly learned AR prayed that the Assessing Officer may be directed to follow the above said decisions and compute the average value of the investment by considering only those investments which have yielded exempt dividend income.
We heard learned DR and perused the record. We noticed that Hon'ble Kolkata High Court and Hon'ble Delhi High Court in the above cited cases have held that the average value of investments have to be computed for the purpose of section 14A read with rule 8D of the I.T. Rules by considering only those investments which have yielded dividend income. We noticed that the assessee’s prayer is in accordance with the above said decisions and hence there is merit in the said prayer.
Accordingly we set aside the orders passed by the learned CIT(A) in both the years under consideration on this issue and restore the matter to the file of the Assessing Officer with the direction to compute the average value of investments by considering those investments which have yielded dividend income. We order accordingly.
3 Morgan Credits Pvt. Ltd.
In the result both the appeals filed by the assessee are treated as allowed for statistical purposes.
Order pronounced in on 20.09.2023.
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
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