DCIT CC-II, FARIDABAD vs. SRS REAL INFRASTRUCTURE LTD., FARIDABAD

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ITA 5101/DEL/2019Status: DisposedITAT Delhi22 June 2022AY 2015-164 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that no disallowance under Section 14A can be made if the assessee has not earned any exempt income during the year. The CIT(A)'s deletion of the disallowance was upheld.

What were the facts?

The assessee company, engaged in real estate, made investments. The AO disallowed expenses under Section 14A, assuming they were related to exempt income, despite the assessee's claim of using own funds and not earning any exempt income.

What were the issues?

Whether disallowance under Section 14A is permissible when no exempt income has been earned by the assessee during the assessment year.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: SH N. K. BILLAIYA & SH. YOGESH KUMAR US

Hearing: 22/06/2022Pronounced: 22/06/2022

This appeal by the revenue is preferred against the order of the CIT(A)-3, Gurgaon dated 15.03.2019 pertaining for A.Y.2015-16.

2.

The sum and substance of the grievance of the revenue is that the CIT(A) erred in deleting the disallowance made by the AO u/s.14A of the Act by holding that if the tax exempt income is not actually earned during the year no disallowance can be made.

3.

Briefly stated the facts of the case are that the assessee company is engaged in the business of Real Estate. The return for the year under consideration was selected for limited scrutiny.

4.

During the course of the scrutiny assessment proceedings the AO noticed that the assessee has made certain investment and, therefore, was asked to explain as to why disallowance u/s.14A of the Act should not be made in view of investment which is related to exempt income. In its reply the assessee explained that the investments have been made from own funds and not interest bearing fund. The assessee also pointed out that it has not earned any exempt income during the year. The AO dismissed the contention of the assessee and computed the disallowance u/s.14A and made addition of Rs.6,93,69,972/-.

5.

The assessee agitated the matter before the CIT(A) and vehemently contended that no exempt income earned during the year and, therefore, no disallowance need to be made u/s.14A of the Act. The CIT(A) was convinced with the contention of the assessee and deleted the additions made by the AO.

6.

Before us the DR strongly supported the findings of the AO.

The Counsel for the assessee reiterated what has been stated before the lower authorities.

7.

We have carefully perused the orders of the authorities below. The undisputed fact is that the assessee has not earned any exempt income during the year under consideration, therefore, it is a settled proposition of law that no disallowance can be made u/s. 14A of the Act if there is no exempt income.

8.

We, therefore, decline to interfere with the findings of the CIT(A), the appeal filed by the revenue is dismissed.

9.

Decision announced in the open court on 22.06.2022.

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