DCIT, NEW DELHI vs. M/S. OSCAR INVESTMENT LTD., NEW DELHI
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 upheld the deletion of the disallowance. It noted that the assessee had not earned any exempt income during the assessment year, which was a key factor in favour of the assessee.
What were the facts?
The Revenue appealed against the CIT(A)'s deletion of disallowance made under Section 14A read with Rule 8D. The Assessing Officer had made a disallowance of Rs. 4,45,79,607/-.
What were the issues?
Whether disallowance under Section 14A read with Rule 8D is sustainable when no exempt income has been 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(2)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. Corrtech Energy (P.) Ltd.579 citing372 ITR 97 · 2014 · HC
- Cheminvest Ltd. v. ITO338 citing121 ITD 318 · 2009 · ITAT
Income Tax Appellate Tribunal, DELHI ‘E’ BENCH,
Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLE
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
This appeal by the Revenue is preferred against the order of the ld. CIT(A) – 7, New Delhi dated 05.10.2016 pertaining to A.Y 2013-14.
The solitary grievance of the Revenue is that the CIT(A) erred in deleting the disallowance of Rs. 4,45,79,607/- made u/s 14A of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] read with Rule 8D of the Income tax Rules, 1962.
We find that the Assessing Officer has himself given a categorical finding that during the subject assessment year, no exempt income was earned by the assessee. This admitted fact makes the impugned issue squarely in favour of the assessee and against the revenue by the decision of the Hon'ble Jurisdictional High Court decision of the Special Bench of the Tribunal in the case of M/s Cheminvest Ltd 121 ITD 318 which was affirmed by the Hon'ble High Court of Delhi. Same view is taken by the Hon'ble Gujarat High Court in the case of Corrtech Energy (P) Ltd 372 ITR 97. In view of the above, disallowance of Rs. 4,45,79,607/- is directed to be deleted. Accordingly, the Ground raised by the revenue is dismissed.
In the result, the appeal of the revenue in is dismissed.
The order is pronounced in the open court on 04.07.2019.
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
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