MOLY METAL PVT. LTD,AHMEDABAD vs. THE ITO, WARD-2(1)(4), AHMEDABAD
What did the Tribunal hold?
The Tribunal restored the issue to the AO to re-examine the disallowance under Section 14A. The AO is directed to consider only those investments that earned exempt income when applying Rule 8D.
What were the facts?
The assessee earned exempt income and made a suo moto disallowance of expenses. The AO calculated a higher disallowance under Rule 8D. The CIT(A) deleted interest expense disallowance but upheld administrative expense disallowance.
What were the issues?
Whether disallowance under Section 14A should be computed only on investments yielding exempt income, as per Rule 8D.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: SMT.ANNAPURNA GUPTA
आदेश/O R D E R PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER Present appeal has been filed by the assessee against order passed by the ld.Commissioner of Income-Tax(A)-6, Ahmedabad [hereinafter referred to as “ld.CIT(A)”] dated 21.6.2019 under section 250(2) of the Income Tax Act, 1961 ("the Act" for short) pertaining to Asst.Year 2016-17.
Sole issue in the present appeal relates to disallowance of expenses allegedly pertaining to earning of exempt income, as per provisions of section 14A of the Act.
The ld.AO had noted that the assessee had earned exempt income amounting to Rs.27,74,040/- during the year being Rs.19,32,310/- as dividend income exempt under section 10(34) of the Act and Rs.8,41,730/- being interest tax free income . The assessee had made a suo moto disallowance of expenses incurred for earning such exempt income amounting in all to Rs.2,10,750/-. The AO however worked out disallowance by applying Rule 8D and calculated total disallowance to be made at Rs.12,41,961/- comprising of Rs.1,37,386/- being the interest expenses and Rs.11,47,128/- being administrative expenses as per rule 8D(ii) and (iii) of the I.T. Rules respectively. The ld.CIT(A) deleted the disallowance pertaining to interest expenses amounting to Rs.1,37,386/- noting that the assessee had sufficient owned interest free funds for the purpose of making investment. The balance disallowance pertained to administrative expenses was however upheld, which after reducing suo moto disallowance made by the assessee amounted to Rs.9,36,371/-.
Before us, the solitary plea of the ld.counsel for the assessee was that impugned disallowance sustained/confirmed by the ld.CIT(A) be restricted by taking into consideration only those investments which had earned exempt income. The ld.counsel for the assessee stated that the assessee had made investments in various securities both quoted and unquoted, amounting in all to Rs.7,25,81,597/- as detailed in Note-11 of the audited accounts of the assessee placed before us at PB page no.27. The ld.counsel for the assessee contended that the exempt income earned did not pertain to all these investments. He contended that Hon’ble Delhi High Court in the case of Joint Investment P.Ltd. Vs. CIT in dated 25.2.2015 has held that disallowance under section 14A should be computed by taking into consideration only those investments which had earned exempt income, while applying the formula laid down under Rule 8D of the Act.
The ld.DR was unable to controvert the above by pointing out any contrary decision either of the jurisdictional High Court or of Hon’ble Apex Court in this regard.
In view of the above, since disallowance has not been considered in the perspective as pointed out by the ld.counsel for assessee duly supported by the judicial decision in this regard, to be calculated in terms of Rule 8D of the Rules, only with respect to the investments which have earned exempt income, we consider it fit to restore this issue back to the AO to decide it afresh in the light of the limited argument raised by the assessee in this respect. The Ld.AO is directed to consider the argument of the assessee, verify all necessary facts and thereafter adjudicate the issue in accordance with law. Needless to add the assessee be granted due opportunity of hearing in this regard.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Court on 7th September, 2022 at Ahmedabad.
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 →- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026
- M/S New Sana Brick Field vs. Union Of INDIA And 4 OthersAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026