ASSISTANT COMMISSIONER OF INCOME TAX 14.1.2, MUMBAI, MUMBAI vs. STAR UNION DAI-ICHI LIFE INSURANCE COMPANY LIMITED, MUMBAI

ITA 3100/MUM/2025Status: DisposedITAT Mumbai04 November 2025AY 2018-2019Bench: Justice (Retd.) CV Bhadang, Hon'ble (President), Ms. Padmavathy S, Hon'ble (Accountant Member)7 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that for an insurance company, the computation of income is governed by Section 44 of the Act, which has an overriding effect. Therefore, disallowance under Section 14A is not permissible as it goes beyond the provisions of Section 44. The appeal was found to be without merit.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting the disallowance made by the Assessing Officer under Section 14A of the Income Tax Act. The assessee, an insurance company, had declared exempt dividend income and surplus from pension business. The Assessing Officer made a disallowance under Section 14A read with Rule 8D, which was deleted by the CIT(A).

What were the issues?

Whether disallowance under Section 14A is permissible for an insurance company when its income computation is governed by Section 44, and whether Section 115JB is applicable in such cases.

Which sections of the Income-tax Act were involved?

Section 14A,Section 10(23AAB),Section 10(34),Section 143(3),Section 144B,Section 115JB,Section 44

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show 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.

Income Tax Appellate Tribunal, MUMBAI BENCHES “G”, MUMBAI

Before: Justice (Retd.) C V Bhadang, Hon’ble & Ms. Padmavathy S, Hon’ble

For Appellant: Shri Arun Kanti Datta -CIT DR
For Respondent: Shri Bhupendra Karkhanis
Hearing: 20.08.2025Pronounced: 04.11.2025

Per Justice (Retd.) C V Bhadang, President:

By this appeal the Revenue is challenging the order dated 08.02.2025 passed by National Faceless Assessment Centre (hereinafter referred to as ‘CIT(A)’ ) thereby deleting the disallowance made by the Assessing Officer u/s. 14A of the Income Tax Act, 1961 (‘Act’ for short), vide order dated 23.04.2021. The appeal relates to A.Y. 2018-19. 2. There is delay of one day in filing the appeal for which an Affidavit has been filed. We have heard the parties. We find that the appellant has made out sufficient cause for not filing the appeal within time and the delay deserves to be condoned. Ordered accordingly. The appeal is take

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 14A

All 15,875 judgments and leading authorities on Section 14A →

Recent GST High Court judgments

Search GST case law →