DCIT, CIRCLE-1(1)(1), AHMEDABAD vs. ADANI WILMAR LIMITED, AHMEDABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision, noting that the assessee had not earned any exempt income during the year. Therefore, no disallowance under Section 14A was warranted, and consequently, no addition to book profit under Section 115JB was required.
What were the facts?
The Assessing Officer disallowed expenses of Rs. 13,55,80,000/- under Section 14A read with Rule 8D for investments yielding exempt income. This disallowance was also added to the book profit under Section 115JB. The CIT(A) deleted both additions.
What were the issues?
Whether disallowance under Section 14A is applicable when no exempt income is earned, and whether such disallowance should be added to book profit under Section 115JB.
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.
- ACIT v. Vireet Investment Pvt. Ltd.789 citing82 Taxmann.com 415 · 2017 · HC
- CIT v. Corrtech Energy (P.) Ltd.579 citing45 Taxmann.com 116 · 2014 · HC
Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH
Before: Shri Amarjit Singh
Revenue by: Shri Kishan Vyas, CIT-D.R. Assessee by: Shri Biren Shah, A.R. Date of hearing : 20-02-2020 Date of pronouncement : 20-02-2020 आदेश/ORDER CO No. 82/Ahd/2019 A.Y. 2015-16 Page No 2 DCIT vs. Adani Wilmar Ltd. PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee’s appeal for A.Y. 2015-16, arises from order of the CIT(A)-1, Ahmedabad dated 28-08-2018, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.
The revenue has filed appeal against the decision of ld. CIT(A) in deleting the addition for Rs. 13,55,80,000/- made by the assessing officer on account of disallowance u/s. 14A r.w.r. Rule 8D of the I.T. Act and in deleting the similar addition while computing book profit u/s. 115JB of the act. The assessment u/s. 143(3) of the act was completed on 30th Nov, 2017. During the course of assessment on verification of the detail, the assessing officer noticed that assessee company has made investment in shares the income from which is exempt from taxes. On verification of P & L account the assessing officer found that assessee has claimed expenditure incurred on account of interest payment on loans during the year under consideration. The assessing officer was of the view that assessee had not disallowed any expenses pertaining to exempt income not included in the total income. Therefore, vide notice u/s. 142(1) of the act the assessee was asked to explain why not provision of section 14A of the Act r.w.r. 8D of the I.T. Act should be attracted in the case of the assessee. The assessee has given detailed explanation reported at page no. 2 to 7 of the assessment order stating that assessee company has not earned dividend income or any other income which was not chargeable to tax. The assessing officer has not agreed with the submission of the assessee and computed expenses disallowable u/s. 14A r.w.r. 8D to the amount of Rs. 13,55,80,000/- and CO No. 82/Ahd/2019 A.Y. 2015-16 Page No 3 DCIT vs. Adani Wilmar Ltd. added to the total income of the assessee. The assessing officer has also added this amount disallowed u/s. 14A to the book profit computed u/s. 115JB of the act.
Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has deleted both the additions after following the finding of his predecessor for assessment year 2014-15 in the case of the assessee itself.
We have heard rival contentions and perused the material on record. It is undisputed fact that assessee has neither earned any exempt income nor claimed any exempt income during the year under consideration. On perusal of the decision of ld. CIT(A), it is noticed that the impugned addition has been deleted holding that assessee has not earned any exempt income which based on similar facts discussed in appellate order in the case of the assessee itself for assessment year 2014-15. While deleting the aforesaid addition, the ld. CIT(A) has also placed reliance on the decision of Hon’ble Gujarat High Court in the case of Corrteck Energy Pvt. Ltd. 45 taxman.com 116 on identical disallowance u/s. 14A wherein it has been held that where the assessee has not made claim for exemption of any income from payment of tax no disallowance could be made u/s. 14A of the act. It is further noticed that ld. CIT(A) has also held that disallowance u/s. 14A does not call for addition to book profit u/s. 115JB of the act after following the decision of special Bench of ITAT Delhi in the case of ACIT vs. Vineet Investment Pvt. Ltd. (2017) 82 taxman.com 415 (Delhi Trib). In the above referred decision of Special Bench of Delhi ITAT, it is held that expenditure incurred to exempt income not to be added for computing book profit u/s. 115JB of the CO No. 82/Ahd/2019 A.Y. 2015-16 Page No 4 DCIT vs. Adani Wilmar Ltd. act. Considering the above facts and judicial findings, we do not find any reason to interfere in the decision of ld. CIT(A), therefore, both the grounds of appeal of the revenue are dismissed.
Cross Objection No. 82/Ahd/2019 5. Cross Objection filed by the assessee is not pressed, so, the same is dismissed as not pressed.
In the result, the appeal filed by revenue and cross objection filed by the assessee both are dismissed.
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
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026