ALKYL AMINES CHEMICALS LIMITED,NAVI MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-15(1)(1), MUMBAI

| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“A” BENCH, MUMBAI

BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER
&
MS. KAVITHA RAJAGOPAL, HON’BLE JUDICIAL MEMBER

I.T.A. No. 1010/Mum/2025
Assessment Year: 2017-18

Alkyl Amines Chemical Limtied
401-407, Nirman Vyapar Kendra
Plot No. 10, Sector 17
Vashi S.O., Thane
Navi Mumbai - 400703
[PAN: AAACA6783F]
Vs
Assistant Commissioner of Income Tax – Circle
15(1)(1), Mumbai
अपीलाथ/ (Appellant)
 यथ/ (Respondent)

Assessee by :
Shri Karan Jain & Shri Suraj Singh Devda, A/R
Revenue by :
Shri Ram Krishn Kedia, Sr. D/R

सुनवाई की तारीख/Date of Hearing : 25/03/2025
घोषणा की तारीख /Date of Pronouncement: 25/03/2025

आदेश/O R D E R

PER NARENDRA KUMAR BILLAIYA, AM:

This appeal by the assessee is preferred against the order passed by the Addl./Joint Commissioner of Income-tax (Appeals), Agra
[hereinafter “the ld. CIT(A)”], dated 31/12/2024 pertaining to AY
2017-18. 2. The sum and substance of the grievance of the assessee is that the ld. CIT(A) erred in confirming the disallowance made by the AO u/s 14A r.w.r. 8D amounting to Rs. 3,01,020/-.
3. Having heard the rival contentions, we have carefully perused the orders of the authorities below. The undisputed fact is that the assessee has earned no exempt income during the year under consideration. Therefore, provisions of Section 14A r.w.r 8D, do not apply as held by the Hon’ble Madras High Court in the case of CIT vs.

I.T.A. No. 1010/Mum/2025
2

Chettinad Logistics Pvt. Ltd. [2017] 248 Taxman 55, wherein the Hon’ble
High Court has held that Section 14A of the Act cannot be invoked where no exempt income was earned by the assessee in the relevant assessment year. SLP was dismissed by the Hon’ble Supreme Court preferred against this order of the Hon’ble High Court in [2018] 257
Taxman 2 (SC). Further, the insertion to the explanation in Section 14A of the Act, is prospective as held by the Hon’ble Delhi High Court in the case of Era Infrastructure 141 taxmann.com 289. 4. Respectfully following the judicial decisions discussed hereinabove, the additions made by the AO are directed to be deleted.
5. In the result, appeal of the assessee is allowed.
Order pronounced in the Court on 25th March, 2025 at Mumbai. (MS. KAVITHA RAJAGOPAL)
ACCOUNTANT MEMBER

Mumbai, Dated 25/03/2025
*SC SrPs
*SC SrPs
*SC SrPs
*SC SrPs

आदेश की ितिलिप अेिषत /Copy of the Order forwarded to :

आदेशानुसार/ BY ORDER