M/S NCG ENTERPRISES LTD.,LUDHIANA vs. ACIT, C-7, LUDHIANA
What did the Tribunal hold?
The Tribunal held that if no tax-exempt income is earned, no disallowance under Section 14A can be made. The disallowance made by the lower authorities was ordered to be deleted.
What were the facts?
The assessee appealed against the disallowance of expenditure under Section 14A. The assessee contended that no tax-exempt income was earned during the assessment year.
What were the issues?
Whether disallowance under Section 14A is permissible when the assessee has not earned any tax-exempt income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide 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.
- Cheminvest Ltd. v. CIT1,569 citing378 ITR 33 · 2015 · HC · Read judgment
- CIT v. Lakhani Marketing Inc.145 citing226 Taxmann 45 · 2014 · HC
- CIT v. Shivam Motors32 citing272 CTR 277 · 2014 · HC
आदेश/Order
Per Sanjay Garg, Judicial Member :
The present appeal has been preferred by the
assessee against the order dated 16.03.2018 of the
Commissioner of Income Tax (Appeals)-3, [hereinafter referred
to as CIT(A)],Ludhiana.
The sole issue raised in this appeal is relating to
disallowance of expenditure incurred for earning of tax
exempt income under the provisions of Section 14A of the
Income Tax Act,1961. At the outset, ld. counsel for the
assessee has submitted that the assessee during the year
did not earn any tax exempt income. He, therefore, has
submitted that the issue is squarely covered by the
various decisions of the higher Courts including the
jurisdictional Hon'ble Punjab & Haryana High Court in the
ITA-613/CHD/2018 Page 2 of 2
case of CIT Faridabad v. Lakhani Marketing INC 226
Taxmann 45 (P&H) and also by the decision of Hon'ble
Delhi High Court in case of Cheminvest Ltd. Vs. CIT
(2015) 378 ITR 33 (Del) and further of the Hon'ble
Allahabad High Court in the case of CIT Vs. M/s Shivam
Motors (P) Ltd. (2014) 272 CTR 277 (All). In view of this,
the issue is squarely covered in favour of the assessee.
Hence, respectfully following the proposition of law laid
down by various High Courts, disallowance, if any, made
by the lower authorities in this case under the provisions
of Section 14A of the Act is ordered to be deleted.
In the result, appeal of the assessee stands allowed.
Order Pronounced in the Open Court on 11.01.2019.
Sd/- Sd/- (अ�नपूणा� गु�ता) (संजय गग�) (ANNAPURNA GUPTA) (SANJAY GARG) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member “Poonam” आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant 1. ��यथ�/ The Respondent 2. आयकर आयु�त/ CIT 3. आयकर आयु�त (अपील)/ The CIT(A) 4. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड� फाईल/ Guard File 6.
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
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 Shreekanth Enterprises vs. Joint Commissioner AppealsUttarakhand · 14 Oct 2026
- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026
- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026