M/S. APOLLO FINANCE LTD.,NEW DELHI vs. DCIT, NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal confirmed the disallowance made by the Assessing Officer, relying on the Supreme Court decision in Maxopp Investment Ltd. The disallowance under Section 14A is applicable even if shares are held for controlling stake, based on the principle of apportionment.
What were the facts?
The assessee company earned dividend income which was claimed as exempt. The Assessing Officer disallowed a portion of expenses related to earning this exempt income by applying Section 14A read with Rule 8D.
What were the issues?
Whether disallowance under Section 14A is applicable to expenses incurred for earning exempt dividend income, and whether the dominant purpose test is relevant.
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.
- Maxopp Investment Ltd. v. CIT1,596 citing91 Taxmann.com 154 · 2018 · SC · Read judgment
Income Tax Appellate Tribunal, DELHI ‘A’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI LALIET KUMAR
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal filed by the assessee is directed against the order of the CIT(A)- V, New Delhi dated 31.10.2014 pertaining to A.Y 2011-12.
The solitary grievance of the assessee is that the CIT(A) erred in confirming the disallowance of Rs. 97,08,477/- made by the Assessing Officer u/s 14A of the Income-tax Act, 1961 [hereinafter referred to as 'the Act'] r.w.r 8D of the Rules
Briefly stated, the facts of the case are that during the course of scrutiny assessment proceedings, the Assessing Officer noticed that the assessee company has earned dividend income of Rs. 4.78 crores claimed as exempt from tax.
The assessee was asked to explain why provisions of section 14A r.w.r 8D be not made applicable.
In its reply, the assessee explained that it has not made any expenditure directly relating to earning dividend income u/s 14A of the Act except Rs. 21,658/- towards demat charges. It was further explained that the assessee has suo moto disallowed Rs. 2,79,50,021/- u/s 14A of the Act towards expenses on earning exempt income.
The Assessing Officer was not convinced with the contentions of the assessee and proceeded by applying Rule 8D for the computation of disallowance u/s 14A of the Act and computed the disallowance at Rs. 2,79,50,021/- and after deducting suo moto disallowance of Rs. 2,79,50,021, added Rs. 97,08,477/-.
The assessee carried the matter before the CIT(A) but without any success.
9. This issue is no more res integra and has been decided against the assessee and in favour of the revenue by the Hon'ble Supreme Court in the case of Maxopp Investment Ltd 91 Taxmann.com 154. The gist of the decision of the Hon'ble Supreme Court is as under:
“(1) When the shares are held by the assessee not to earn exempt income but to retain controlling stake in the investee company, the dominant purpose test cannot be said to be relevant for the purpose of Sec 14A and disallowance u/s 14A can be made. It is not the dominant purpose test but the principle of apportionment which is ingrained in the provisions of Section 14A. When the assessee itself makes disallowance of certain expenditure incurred to earn dividend income and if the AO does not accept such disallowance, it is necessary for the AO to record satisfaction before rejecting the same. (2)
Section 14A would be applicable only to income arising from the investment portfolio and not from stock-in-trade.”
In the light of the ratio laid down by the Hon'ble Supreme Court [supra] we confirm the addition and dismiss the appeal.
In the result, the appeal of the assessee in is dismissed.
The order is pronounced in the open court on 22.07.2019.
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 →- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026