THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 vs. M/S ADANI INFRASTRUCTURE AND DEVELOPERS PVT. LTD.
What did the High Court hold?
The High Court held that both the CIT(A) and the ITAT had rightly applied the dictum laid down by the Court in the case of CIT vs. Corrtech Energy P. Ltd. The Court reiterated its earlier finding in Corrtech Energy that if an assessee has not made any claim for exemption of any income from payment of tax, then a disallowance under Section 14A of the Act cannot be made. To attract the provisions of Section 14A, it is necessary that the assessee should have earned exempt income. If the assessee has not earned exempt income and has not claimed it in the return of income, then the provisions of Section 14A are not applicable. The Court noted the concurring findings of fact by the lower authorities that the assessee company had not earned any exempt income and had not claimed any such exempt income in its return of income for the year under consideration. Therefore, the disallowance under Section 14A read with Rule 8D could not be made.
What were the facts?
The Revenue (Principal Commissioner of Income Tax-1) filed a Tax Appeal against an order of the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench 'B', dated May 15, 2019, for Assessment Year 2013-14. The ITAT had dismissed the Revenue's appeal against the order of the CIT(A), which had deleted a disallowance of Rs. 4,72,00,565 made by the Assessing Officer (AO) under Section 14A read with Rule 8D. The AO had made this disallowance on the grounds that the assessee had made substantial investments but no disallowance was offered, despite the AO's reliance on CBDT Circular No. 5/2014. The assessee's contention was that interest-free funds were used for investments and no exempt income was earned or claimed.
What were the issues?
1. Whether the Appellate Tribunal has erred in law and on facts in deleting the disallowance of Rs. 4,72,00,565/- made under Section 14A of the Income Tax Act, 1961, read with Rule 8D of the Income Tax Rules, for Assessment Year 2013-14? Assessee's Contentions (as inferred from the AO's actions and Tribunal's findings): The assessee contended that interest-free funds were used for investments in equity shares, and therefore, no disallowance under Section 14A read with Rule 8D was required. The assessee also stated that no exempt income had been claimed, making the disallowance inapplicable. Revenue's Contentions (as inferred from the appeal): The Revenue contended that the disallowance made by the AO under Section 14A read with Rule 8D was justified, even if no exempt income was earned or claimed, citing CBDT Circular No. 5/2014. The Revenue was dissatisfied with the deletion of this disallowance by the CIT(A) and the ITAT.
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 J.B.PARDIWALA) 1 This Tax Appeal under Section 260A of the Income Tax Act, 1961 [for short, 'the Act, 1961'] is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'B', Ahmedabad dated 15th May 2019 in the ITA No.2211/Ahd/2017 for the A.Y. 201314. 2 The Revenue has proposed the following solitary substantial question of law for the consideration of this Court: “Whether the Appellate Tribunal has erred in law and on facts in deleting the disallowance of Rs.4,72,00,565/ made under Section 14A of the Act read with Rule 8D of the Income Tax Rules?” 3 It appears from the materials on record that in the course of the C/TAXAP/66/2020 ORDER assessment proceedings, the Assessing Officer noticed that the assessee had made investment to the tune of Rs.27,78,87,305/ on 31st March 2012 and the same was enhanced to Rs.1,57,04,32,421/ as on 31st March 2013. The Assessing Officer noticed that the assessee had not made any disallowance under Section 14A read with Rule 8D of the Income Tax Rules in respect of any expenditure incurred for the aforesaid investment. The case of the assessee before the Assessing Officer was that the interest free funds were used for investing in equity shares and in such circumstances, no disallowance was required to be made under Section 14A read with Rule 8D of the Income Tax Rules. The asessee also declared that no exempt income has been claimed and
therefore the disallowance under Section 14A should not be made. The Assessing Officer rejected the case put up by the assessee and after referring to the CBDT circular No.5/2014 held that the disallowance can be made by invoking Section 14A of the Act, 1961 though no income had been earned by the assessee claimed as exempt during the year under consideration. 4 In such circumstances referred to above, the Assessing Officer computed disallowance under Section 14A read with Rule 8D of the Income Tax Rules to the amount of Rs.4,72,00,565/ and added to the [2014] 45 taxmann.com 116. 6 The Revenue being dissatisfied with the order passed by the CIT(A) went in appeal before the Tribunal. C/TAXAP/66/2020 ORDER 7 The Tribunal dismissed the appeal thereby affirming the order passed by the CIT(A). 8 In such circumstances, the Revenue is here before this Court with the present appeal. 9 We take notice of the following findings recorded by the Tribunal in its impugned order: “5 We have heard both the issues and perused the material on record carefully. We have noticed that it is undisputed fact that assessee has not earned any exempt income during the year under consideration. Víde a number of judicial pronouncements the Coordinate Benches of the ITAT Ahmedabad have held that no disallowance shall be made under section 14A of the act if the assessee has not earned any exempt income otherwise the disallowance shall be restricted to the exempt income. Section 14A(1) provides that for the purpose of computing total income under chapter IV, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of other total income under the act. We have noticed that Id. CIT(A) has followed the decision of the Coordinate Bench of the ITAT in the case of Shah Alloys Ltd. (2315/Ahd/2010 dated 27032015 and the decision of the Hon’ble Taxmann.com 116) on identical issue of dísallowance u/s. 14A when no dividend income is earned by the assessee. The judicial findings of the Hon’ble jurisdictional High Court and the decision of the Coordinate Bench of the ITAT have been elaborated In the decision of the Ld. CIT(A) Víde which similar issue on identical facts have been decided in favour of the assessee. We have also perused the judicial pronouncement in the case of CIT v Corrtech Energy (p) Ltd (2014) 45 taxmann.com. 116 of Hon’ble High Court of Gujarat wherein it is held that in a case assessee did not make any claim for exemption of any income from payment of taxes, in that case disallowance u/s 14A of the act could not be made. It is crystal clear that the jurisdictional High Court has decided that to attract the provision of section 14A it is required that assessee should have earned an exempt income, if the assessee has not earned an exempt income and not claimed so in the return of income then the provision of section 14A are not applicable. We find that during the year under consideration the assessee company has not earned any exempt income and has not claimed any such exempt income in the return of income therefore as per our considered opinion the provision of section 14A are not applicable. C/TAXAP/66/2020 ORDER In view of the above mentioned facts and circumstances and following the decision of the Hon’ble jurisdictional High Court of Gujarat, we consider that the disallowance u/s. 14A r.w.s Rule 8D cannot be made as the assessee has not earned any exempt income. Accordingly, the appeal of the Revenue is dismissed.” 10 In our opinion, the CIT(A) as well as the Appellate Tribunal rightly applied the dictum as laid by this Court in the case of Corrtech Energy (supra). In Corrtech Energy (supra), this Court held that the assessee did not make any claim for exemption of any income from payment of tax. The disallowance under Section 14A of the Act cannot be made. To attract the provisions of Section 14A of the Act, 1961, it is necessary that the assessee should have earned any exempt income. If the assessee has not earned an exempt income and has not claimed so in the return of income, then the provision of Section 14A is not applicable. 11 The concurring findings of fact recorded by the two authorities is that in the year under consideration, the assessee company had not earned any exempt income and had not claimed any such exempt income in the return of income. 12 In view of the aforesaid, this Tax Appeal fails and is hereby dismissed. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) CHANDRESH
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