ACIT, CIRCLE- 10(2), NEW DELHI vs. GYAN ENTERPRISES PVT. LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the AO erred in mechanically applying Rule 8D without recording satisfaction or pointing out infirmities in the assessee's suo-moto disallowance. The investment was deemed to be made from interest-free funds.
What were the facts?
The assessee company traded in mutual funds, shares, and debentures, earning significant dividend income. The AO disallowed expenses under Section 14A read with Rule 8D, exceeding the assessee's suo-moto disallowance.
What were the issues?
Whether the AO was justified in making a disallowance under Section 14A read with Rule 8D without proper satisfaction and in light of the assessee's suo-moto disallowance and investment from own funds.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: SH. N. K. BILLAIYA & MS. SUCHITRA KAMBLE
This appeal filed by the Revenue is preferred against the order of the CIT(A)-3, New Delhi dated 09.02.2017 pertaining to A.Y.2011-12. 2. The solitary grievance of the revenue is that the CIT(A) erred in deleting the addition of Rs.26415111/- made u/s. 14A of the Act by the AO.
Briefly stated the facts of the case are that during the financial year under consideration the assessee company was trading in units of mutual funds and investment in shares and debentures. During the course of the scrutiny assessment proceedings the AO noticed that the assessee has earned dividend income of Rs.232092684/- which was claimed exempt. The AO further found that the assessee has suo-moto disallowed Rs.9554057/- u/s. 14A being expenses pertaining to the tax free dividend income.
The assessee was asked to showcause why the disallowance should not be made as per rule 8D of the IT Rules 1962. The assessee filed a detailed reply by stating that no direct expenses was incurred earning the dividend income and explained the basis of suo-moto disallowance of Rs.9554057/-. 5. The explanation of the assessee did not find any favour with the AO who proceeded to compute the disallowance as per Rule 8D. The total disallowance was computed at Rs.35969168/- and after reducing the amount already disallowed, the AO made the addition of Rs.26415111/-. 6. Assessee carried the matter before the CIT(A) and reiterated its contention that no direct expenses were incurred for earning the exempt income and the dividend has been mostly received from promoters company. 7. After considering the facts and the submissions the CIT(A) was convinced with the contention of the assessee and deleted the disallowance made by the AO.
Before us the DR strongly supported the findings of the AO and read the relevant observations from the assessment order.
Per contra the counsel reiterated what has been stated before the lower authorities.
We have carefully considered the orders of the authorities below. We find that the AO has not recorded any satisfaction and in-fact the computation of suo-moto disallowance of Rs.9554057/- has not been faulted with. In our considered view without pointing out any specific item of expenditure directly attributable to the earning of the exempt income and without pointing out any infirmity or error in the suo-moto disallowance made by the assessee, the AO should not have proceeded mechanically by applying the formula given in rule 8D. The investment in the quoted shares is to the tune of Rs.179.57 crores whereas the own funds of the assessee are to the tune of Rs.295 crores. Therefore, it can be safely concluded that the investment have been made by the assessee from the interest free funds available with it.
Considering the facts of the case in totality we do not find any error or infirmity in the findings of the CIT(A).
In result, the appeal filed by the revenue is accordingly dismissed.
Decision announced in the open court in the presence of both the representatives on 08.09.2021.
Sd/- Sd/- (SUCHITRA KAMBLE) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:-08.09.2021 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 08.09.2021 08.09.2021 Date on which the typed draft is placed before the dictating Member 08.09.2021 Date on which the typed draft is placed before the Other member 08.09.2021 Date on which the approved draft comes to the Sr.PS/PS 08.09.2021 Date on which the fair order is placed before the Dictating Member for Pronouncement 08.09.2021 Date on which the fair order comes back to the Sr. PS/ PS 08.09.2021 Date on which the final order is uploaded on the website of ITAT 08.09.2021 Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order
Date of dispatch of the Order
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 →- Ajay Kumar @ Ajay Sharma vs. Union Of INDIA Rep Thr The Intelligence Officer, Directorate General Of GST Intelligence (Dggi)Jharkhand · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S Om.S.R. Construction, Through Its Proprietor Mr. Kuldeep Sharma vs. The State Of Jharkhand Through Its Commissioner, Commerical Tax DepartmentJharkhand · 28 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026