M/S. ARTLINE FINANCIAL MANAGEMENT PVT. LTD.,KOLKATA vs. ITO, WARD - 14(3), KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the disallowance under Section 14A read with Rule 8D is not applicable in the absence of any exempt income. Therefore, the impugned disallowance was deleted.
What were the facts?
The assessee's appeal for AY 2014-15 concerned a disallowance made under Section 14A read with Rule 8D. The assessee had not derived any exempt income during the relevant assessment year.
What were the issues?
Whether disallowance under Section 14A read with Rule 8D can be made when the assessee has not earned any exempt income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH : KOLKATA
Before: Hon’ble Shri S.S. Godara, JM ]
ORDER Shri S.S. Godara, JM:
This Assessee’s appeal for assessment year 2014-15 arises against the CIT(A), 14, Kolkata’s order dated 26-07-2018 passed in case no. 10274/CIT(A)-14/Wd- 14(3)/2016-17 involving proceedings u/s 143(3) of the I.T Act, 1961 (in short ‘Act’) . Heard learned Departmental Representative. Case file perused.
Shri C.J. Singh, CIT, ld.DR strongly supported the lower authorities’ action in making disallowance u/s. 14A/R.W.R 8D of the I.T Rules, 1962. It transpires at the outset that assessee has not derived any exempt income. The hon’ble jurisdictional high court’s decision in Ashika Global Logistic Security Ltd., GA No. 2122 of 2014 dt. 11. 06.2018 holds that the impugned impugned disallowance does not apply in absence of any exempt income. I therefore delete the impugned disallowance as made on this count alone.
M/s. Artline Financial Management P.Ltd
This Assessee’s appeal is allowed. Order pronounced in the Court on 10 -05-2019 Sd/- [ S.S.Godara ] Judicial Member Dated : 10 -05-2019 **PRADIP, Sr. PS Copy of the order forwarded to:
1. 1. Appellant/Assessee: M/s. Artline Financial Management P.Ltd D/70 Dinesh Nagar, 208/35/7/2/3, Kolkata-99.
2. Respondent/Department: Income Tax Officer, Ward 14(3), Kolkata 3..C.I.T(A).- 4. C.I.T.- Kolkata.
5. CIT(DR), Kolkata Benches, Kolkata.
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 →- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026