PRINCIPAL COMMISSIONER OF INCOME TAX 3 vs. P G FOILS LTD
What did the High Court hold?
The High Court held that no question of law arises from the ITAT's order. The Court relied on its own previous decision in the case of Principal Commissioner of Income Tax-3 v. Nirma Credit and Capital Pvt. Ltd. (Tax Appeal No. 409 of 2017), where a similar view was taken. In that precedent, the Court had accepted that the addition under Section 14A should be computed on the net interest expenditure, not the gross. Therefore, the High Court found no error in the ITAT's confirmation of the CIT(A)'s deletion of the addition. The appeal filed by the Revenue was dismissed.
What were the facts?
The Revenue, represented by the Principal Commissioner of Income Tax, filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT) dated September 13, 2017. The ITAT had upheld the decision of the Commissioner of Income Tax (Appeals) [CIT(A)] to delete an addition of Rs. 30,58,752. This addition was made by the Assessing Officer (AO) under Section 14A read with Rule 8D of the Income Tax Act, 1961. The CIT(A), while accepting the applicability of Section 14A, held that the addition should be calculated on the net interest expenditure rather than the gross interest expenditure. The ITAT confirmed this view.
What were the issues?
1. Whether the Appellate Tribunal was right in law and on facts in upholding the decision of the CIT(A) and thereby deleting the addition of Rs. 30,58,752 under Section 14A read with Rule 8D of the Act? Assessee's Contentions: The judgment does not record any specific contentions made by the assessee (P G Foils Ltd) before the High Court. However, the underlying reasoning of the CIT(A) and the ITAT, which the High Court is considering, was that the addition under Section 14A should be computed on the net interest expenditure, not the gross. Revenue's Contentions: The Revenue contended that the ITAT was incorrect in upholding the deletion of the addition made by the AO under Section 14A read with Rule 8D. The Revenue likely argued for the applicability of the AO's calculation, which presumably considered gross interest expenditure.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 13.09.2017 raising following question for our consideration: “Whether the Appellate Tribunal was right in law and on facts in upholding the decision of the CIT(A) and thereby deleting the addition of Rs.30,58,752/ u/s.14A r.w. rule 8D of the Act?”
Commissioner of Income Tax (Appeals) deleted the addition of Rs.30.58 lakhs which was made by the Assessing Officer, under section 14A of the Income Tax Act, 1961. Commissioner of Income Tax (Appeals) though accepted that section 14A would be applicable, held that it would only be the net of the interest C/TAXAP/260/2018 ORDER expenditure and not the gross which would be added. Tribunal confirmed this view. This Court in case of Principal Commissioner of Income Tax3 v. Nirma Credit and Capital Pvt. Ltd. passed in Tax Appeal No.409 of 2017 has taken a similar view.
No question of law arises. Tax Appeal is dismissed. (AKIL KURESHI, J) (B.N. KARIA, J) ANKIT SHAH
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 →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026