ASST CIT CIRCLE-9 (3)(2), MUMBAI vs. M/S FUTURE BRANDS LTD., MUMBAI
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 since the assessee did not earn any exempt income during the year, the disallowance under Section 14A was rightly deleted. The Tribunal relied on its own previous order and a High Court decision.
What were the facts?
The revenue appealed against the deletion of disallowance under Section 14A. The assessee argued that no exempt income was earned, and a similar disallowance in a prior year was deleted and confirmed by the Tribunal.
What were the issues?
Whether disallowance under Section 14A is permissible when no exempt income is earned by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
1 ITA 7302/M/2019 M/s Future Brands Limited Assessment Year: 2016-17 आयकर अपीलीय अधिकरण “एफ” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI माननीय श्री महावीर स िंह, उपाध्यक्ष एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा दस्य के मक्ष। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील िं./ (धििाारण वर्ा / Assessment Year: 2016-17) ACIT-9(3)(2) M/s Future Brands Limited Room No.418, 4th Floor GF, Knowledge House बिाम/ Aaykar Bhavan, M.K. Road Off. Jogeshwari Vikhroli Link Road Vs. Mumbai-400 020 Shyam Nagar, Jogeshwari (E) Mumbai – 400 060 स्थायीलेखा िं./ जीआइआर िं./ PAN/GIR No.AABCF-0462-H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Ms. Dinkle Hariya – Ld. AR Revenue by : Ms. Usha Gaikwad – Ld. Sr. DR ुनवाई की तारीख/ : 12/05/2021 Date of Hearing घोषणा की तारीख / : 12/05/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
The registry has noted delay of 5 days in the appeal, the condonation of which has been sought by the department on the strength of condonation petition dated 28/11/2019. After going through the same and considering the period of delay, we condone the delay and admit the appeal.
2 ITA 7302/M/2019 M/s Future Brands Limited Assessment Year: 2016-17 2. In this appeal for Assessment Year (AY) 2016-17, the revenue is aggrieved by deletion of disallowance u/s 14A for Rs.348.94 Lacs by Ld. Commissioner of Income Tax (Appeals)-16, Mumbai {CIT(A)} vide impugned order dated 28/08/2019.
The Ld. AR submitted that the assessee did not earn any exempt income during the year and therefore, the disallowance was rightly deleted by Ld. CIT(A). The attention was drawn to the fact that similar disallowance made by Ld.AO in AY 2012-13 was deleted by learned first appellate authority for the same very reason. The said order has been confirmed by the Tribunal vide order dated 29/01/2018, a copy of which has been placed on record. The Ld. DR submitted that disallowance was to be computed despite the fact that no income was earned by the assessee during the year. After perusal of material on record, our adjudication to the subject matter of appeal would be as given in succeeding paragraphs 4. The material facts are that the assessee being resident corporate assessee was assessed u/s 143(3) on 12/12/2016. Despite assessee’s submissions that no exempt income was earned during the year, the Ld. AO computed disallowance u/s 14A r.w.r. 8D(2) for Rs.348.94 Lacs. The Ld. CIT(A) deleted the same by relying upon appellate order for AY 2014-15. Aggrieved, the revenue is in further appeal before us.
It is undisputed fact that the assessee has not earned any exempt income during the year. We find that similar disallowance made in AY 2012-13 in assessee’s own case was deleted by learned first appellate authority on same factual matrix. The said adjudication has been confirmed by Tribunal vide ITA No.5561/Mum/2016 order dated 3 ITA 7302/M/2019 M/s Future Brands Limited Assessment Year: 2016-17 29/01/2018 by dismissal of revenue’s appeal. Reliance has been placed on the decision of Hon’ble Delhi High Court in Cheminvest Ltd. V/s CIT (378 ITR 33). Facts being pari-materia the same, taking the same view, we dismiss the appeal.
The appeal stands dismissed.
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 →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026