PINEBRIDGE INVESTMENTS CAPITAL INDIA P. LTD.,MUMBAI vs. PR. CIT, RANGE-8, MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the PCIT's exercise of revisionary jurisdiction was invalid. It was established that no disallowance under Section 14A is warranted when no exempt income has been earned during the year, as per settled legal position.
What were the facts?
The assessee made investments in shares of its Indian subsidiary but earned no exempt income during the assessment year. The Principal Commissioner of Income Tax (PCIT) initiated revisionary proceedings under Section 263, directing the Assessing Officer (AO) to compute a disallowance under Section 14A.
What were the issues?
Whether the PCIT validly exercised revisionary jurisdiction under Section 263 when the assessee had no exempt income, and therefore no disallowance under Section 14A was required.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(5)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.
- CIT v. Gabriel India Ltd.990 citing203 ITR 108 · 1993 · HC
- CIT v. Sunbeam Auto Ltd.897 citing332 ITR 167 · 2011 · HC · Read judgment
- CIT v. Chettinad Logistics (P) Ltd.444 citing80 Taxmann.com 221 · 2017 · HC · Read judgment
- Idea Cellular Ltd. v. Dy. CIT107 citing301 ITR 407 · 2008 · HC
- Maxopp Investments Ltd. v. CIT8 citing402 ITR 604 · 2018 · SC
Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI
Before: SHRI RAJESH KUMAR & SHRI RAVISH SOOD
Per Rajesh Kumar, Accountant Member:
The present appeal has been preferred by the assessee against the order dated 24.11.2017 of the Principal Commissioner of Income Tax [hereinafter referred to as the PCIT] relevant to assessment year 2015-16.
The common issue raised in all the three grounds of appeal is against the invalid exercise of revisionary jurisdiction by Ld. PCIT under section 263 of the Act whereby the Ld. PCIT has directed the AO to compute the disallowance under section 14A of the Act which runs contrary to the decision of Hon’ble Supreme Court and High Courts wherein these judicial forums
The facts in brief are that the assessment in this case was framed under section 143(3) of the Act vide order dated 24.11.2017. Thereafter, the Ld. PCIT, on perusal of the assessment records particularly note No.11 of balance sheet, observed that the assessee has made huge investments in shares in its Indian subsidiary, however, no disallowance under section 14A was made. The Ld. PCIT has further observed that these investments are capable of earning of exempt income nonetheless no income was derived in the year under consideration and since neither assessee nor AO disallowed any expenses as per rule 8D, therefore, the same was required to be worked out and disallowed accordingly. Consequently, the Ld. PCIT issued a notice under section 263 of the Act dated 19.03.2021 giving a show cause notice to the assessee as to why the assessment framed under section 143(3) dated 24.11.2017 should not be revised as the same is erroneous and prejudicial to the interest of the Revenue. The assessee submitted before the ld PCIT that assessee has not earned any exempt income during the year by placing reliance on various decisions as under: 1. CIT vs Chettinad Logiistics 9P) ltd (2017) 80 taxmann.com 221 (Madras) 2. Sunbeam Auto Ltd vs CIT (2011)(332 ITR 167) 3. Idea Cellular Ltd vs DOT (2008) 301 ITR 407 4. Max India Ltd vs CIT (1993) 203 ITR 108 (Bom HC) The submissions of the Assessee did niot find favour with the ld PCIT and he set aside the assessment framed u/s 143(3) of the Act dated 24.11.2017.
3 M/s. PineBridge Investments Capital (India) Pvt. Ltd.
The Ld. A.R. submitted before the bench that since the assesse was not having any exempt income during the year , no disallowance was made either the assesse or by the AO in view of the settled legal position as discussed hereinabove. The ld AR argued that assessment framed under section 143(3) dated 24.11.2017 was neither erroneous nor prejudicial to the interest of the Revenue as the same has been passed in consonance with various decisions as cited above of the Hon'ble Apex Court and various High Courts including jurisdictional High Court, therefore the order as passed by the Ld. PCIT under section 263 setting aside the assessment may kindly be quashed as the assumption of jurisdiction u/s 263 is wrong and invalid.
The Ld. D.R., on the other hand, relied heavily on the order of Ld. PCIT by submitting that at this stage it would be prematured to look into the matter whether any disallowance under section 14A could be made or not. The Ld. D.R. submitted that the AO may examine the issue in the set aside proceedings and decide the matter accordingly.
After hearing both the parties and perusing the material on record, we find that the revisionary jurisdiction has been exercised by the Ld. PCIT under section 263 merely on the ground that AO has not made any disallowance under section 14A of the Act on the investments which are capable of yielding dividend income while accepting undisputedly that during the year the assessee has not received any exempt income by way of dividend from shares. We have also perused the decisions relied upon by the assessee of various high courts including jurisdictional High Court and also the decision of Hon’ble
4 M/s. PineBridge Investments Capital (India) Pvt. Ltd. Supreme Court in the case of Maxopp Investments Ltd. vs. CIT 402 ITR 604 (SC) wherein it has been held that no disallowance is called for where the assessee has not received any exempt income during the year from the investments. Besides we note that the AO has specifically examined this issue during the course of assessment proceedings and the assessee has filed detailed submissions before the AO and the AO, after taking into consideration the reply of the assesse, has taken a view that no disallowance is called for. In view of these facts and circumstances and the ratio laid down by various judicial forums, in our considered opinion the exercise of revisionary jurisdiction is invalid and consequently the proceedings u/s 263 of the Act and resultant order of PCIT is quashed.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 04.08.2021.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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