M/S. ANGELA HOLDINGS PVT. LTD.,KOLKATA vs. ITO, WARD - 4(3), KOLKATA
What did the Tribunal hold?
The Tribunal set aside the ex parte order of the CIT(A) and remanded the matter back to the AO. The AO was directed to verify if any exempt income was earned and to ensure disallowance under Section 14A does not exceed the exempt income.
What were the facts?
The assessee's appeal was decided ex parte by the CIT(A) due to a clerical error in noting the hearing date. The assessee argued that no exempt income was earned, hence no disallowance under Section 14A should be made.
What were the issues?
Whether disallowance under Section 14A is permissible when no exempt income is earned, and if so, whether it can exceed the exempt income.
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
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- REI Agro Ltd. v. DCIT346 citing144 ITD 141 · 2013 · ITAT
Income Tax Appellate Tribunal, “(SMC
Before: Shri A. T. Varkey, JM]
ORDER
Per Shri A.T.Varkey, JM
This appeal filed by assessee is against the order of Ld. CIT(A) - 2, Kolkata dated 16.08.2018 for AY 2013-14.
At the outset itself, it has been brought to our notice that the Ld. CIT(A) has passed an ex parte order dated 16.08.2018 though the date fixed was 13.08.2018. According to Ld. AR, the date fixed for hearing though was on 13.08.2016 the Ld. AR of the assessee wrongly written in his diary the date as 16.08.2018. Therefore, the Ld. AR presented himself before the Ld. CIT(A) on 16.08.2018 wherein he was told that the appeal has already been disposed of before he came to the office on the same day. So, there is a violation of Natural Justice. However, the Ld. AR brought to our notice that the issue involved is 14A disallowance. According to Ld. AR, the assessee was not in receipt of any exempt income. So, no disallowance u/s. 14A read with Rule 8D should be invoked. According to Ld. AR, even if any disallowance is to be made then the disallowance should not exceed the exempt income as held in the case of REI Agro Ltd. Vs. DCIT 144 ITD 141.
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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