ACIT-8(1)(1), MUMBAI vs. M/S.NETIZEN ENGINEERING PRIVATE LIMITED, 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 Section 14A disallowance is not applicable when the assessee has not derived any exempt income in the relevant previous year. Relying on various case laws, the Tribunal affirmed the CIT(A)'s decision.
What were the facts?
The Revenue appealed against the deletion of disallowance made under Section 14A read with Rule 8D. The Assessing Officer had disallowed a significant amount, which the CIT(A) had deleted.
What were the issues?
Whether disallowance under Section 14A read with Rule 8D can be made in the absence of any exempt income 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(8)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. Chettinad Logistics (P) Ltd.444 citing80 Taxmann.com 221 · 2017 · HC · Read judgment
- CIT v. Chettinad Logistics (P.) Ltd.421 citing95 Taxmann.com 250 · 2018 · SC
- CIT v. Winsome Textile Industries Ltd.378 citing319 ITR 204 · 2009 · HC
- Redington (India) Ltd. v. Addl. CIT370 citing77 Taxmann.com 257 · 2017 · HC
- PCIT v. IL&FS Energy Development Company Ltd.255 citing84 Taxmann.com 186 · 2017 · HC · Read judgment
- CIT v. Shivam Motors (P.) Ltd.179 citing55 Taxmann.com 262 · 2015 · HC
- CIT v. Lakhani Marketing Inc.145 citing226 Taxmann 45 · 2014 · HC
- Voltmap Transformer (P) Ltd. v. CIT5 citing73 Taxmann.com 233 · 2016
Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI S.S. GODARA & SHRI M.BALAGANESH
PER S.S.GODARA (J.M): This Revenue’s appeal for A.Y.2013-14 arises from Mumbai’s order of Commissioner of Income Tax (Appeals)-14, in case No.CIT(A)-14/IT-45/16-17 dated 26/07/2018, in proceedings u/s.143(3) of the Income Tax Act, 1961 [hereinafter referred to as Act].
None appeared for the assessee. We have heard the Ms. Kavitha P. Koushik, Learned senior departmental representative appearing at the Revenue’s behest. She vehemently contended that the CIT(A) has erred in law and facts in deleting section 14A r.w.Rule 8D disallowance of Rs.3,21,06,151/- made by the Assessing Officer in assessment order dated 17/03/2016. We notice
M/s. Netizen Engineering Pvt.Ltd. at the outset that this assessee has not derived any exempt income in the relevant previous year. Case law CIT v. Holcim India (P.) Ltd. [2015] 57 txmann.com 28 and Pr.CIT vs IL & FS Energy Development Company Ltd. [2017] 84 taxmann.com 186, Redington (india) Ltd. v. Addl. CIT [2017] 392 ITR 633/77 taxmann.com 257 (Mad.), CIT v. Lakhan I Marketing Inc. [2014] 49 taxmann.com 257/226 Taxman 45 (Mag.), CIT v. Winsome Textile Industries Ltd. [2009] 319 ITR 204, CIT v. Shivam Motors (P.) Ltd. [2015] 230 Taxman 63/55 taxmann.com 262 (All.) and Quantum Advisors (P.) Ltd. Vs. DCIT [2016] 73 taxmann.com 233 (Mumbai-Trib.) and CIT v. Chetinad Logistics (P.) Ltd. [2017] 80 taxmann.com 221/248 Taxman 55 (Mad.), CIT vs Chettinad Logistics (P.) Ltd. [2018] 95 taxmann.com 250 (SC)] hold that the impugned disallowances provision does not come into play in absence of any exempt income derived in relevant previous year. There is no change stated at the Revenue’s behest in the preceding legal position. We therefore affirm the CIT(A) action deleting the impugned disallowance for this precise reason.
This Revenue’s appeal is dismissed.
Order pronounced in the open court on this 14/10 /2020
Sd/- Sd/- (M.BALAGANESH) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 14/10/2020 Thirumalesh, sr.ps
M/s. Netizen Engineering Pvt.Ltd.
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 →- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026