DCIT, NEW DELHI vs. M/S. CONSOLIDATED FINVEST & HOLDING LTD., NEW DELHI
What did the Tribunal hold?
The Tribunal held that Section 14A read with Rule 8D is not applicable for computing book profits under Section 115JB. Section 14A is applicable only for computing total income under Chapter IV of the Act.
What were the facts?
The assessee company added Rs. 15,34,506/- in computation of book profit under Section 115JB for dividend income. The Assessing Officer increased this addition to Rs. 72,83,694/- + Rs. 98,619/-. The CIT(A) allowed the assessee's appeal.
What were the issues?
Whether disallowance under Section 14A read with Rule 8D is applicable for computation of book profits under Section 115JB.
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.
- Goetze (India) Ltd. v. CIT59 citing32 SOT 101 · 2009 · ITAT
Income Tax Appellate Tribunal, DELHI BENCHES: ‘B’, NEW DELHI
Before: SHRI P.K. BANSAL & SHRI AMIT SHUKLA
PER P.K. BANSAL, VICE PRESIDENT
This appeal has been filed by the Revenue against the order of Ld. CIT(A)-VI, New Delhi dated 23.09.2014 by taking the following effective ground of appeal.
“The Assessing Officer DCIT, Circle 6(2), New Delhi is hereby directed to file appeal in the above mentioned case before the ITAT, New Delhi on the following ground of appeal: The Ld. CIT(A) has erred in law in not upholding the action of the A.O. in adding the amount of disallowance u/s 14A as per the normal computation
Consolidated Finvest & Holding Ltd. provisions of the Act as done by assessee company itself, in computing the profit as per the provisions of S.115JB of the Income Tax Act, 1961.”
The brief facts of the case are that in computation of the book profit the company had made addition of Rs.15,34,506/- in terms of Clause (f) of Explanation 1 to Section 115JB of the Income Tax Act, 1961 (the Act) in relation to dividend income of Rs.3,86,63,506/- which was also excluded from the book profit being the exempt income, u/s 10(34) of the Act. While computing the normal taxable income the company made disallowance of Rs.72,83,694/- under section 14A read with Rule 8D of Income Tax Rules with reference to dividend income as well as capital gain which had been claimed exempt under section 10(34) and 10(38) of the Act respectively. The Assessing Officer did not agree with the claim of the assessee but he made addition of Rs.72,83,694/- + Rs.98,619/- in terms of Clause (f) of Explanation 1 to Section 115JB of the Act as against the amount of Rs.15,34,506/- added by the company. The assessee went in appeal before the Ld. CIT(A). The Ld. CIT(A) allowed the appeal of the assessee.
None appeared on behalf of the assessee. We therefore heard the Ld.D.R.
After hearing the Ld.D.R. and going through the orders of the authorities below, we noted that S.115JB of the Act does not provide for the method of determination of the amount to be added with reference to exempt income, while for the purpose of normal computation of income disallowance has to be made in accordance with S.14A read with rule 8D. In view of this Consolidated Finvest & Holding Ltd. fact Rule 8D of the Income Tax Rules has no relevance to the computation of book profits u/s 115 JB. A similar view has been taken in the following decisions.
i. Goetze (India) Ltd. vs. CIT (2009) 32 SOT 101 (Del.) ii. Quippo Telecom Infrastructure Ltd. vs. ACIT, Delhi dated 18.02.2011. iii. Pretoria Enclave Ltd. vs. DCIT, ITA no.108/Kol/2012, ITAT Kolkata decided on 21.6.2012. iv. ACIT vs. Spray Engineering Devices Ltd. (2012) 53 SOT 760 (Chandigarh).
4.1. Even otherwise also S.14A(1) of the Act specifically states that the aforesaid Section is “for the purpose of computing the total income under this Chapter”. Accordingly the provisions of S.14A are relevant to the computation of total income under Chapter IV of the Income Tax Act which means S.15 to 59 of the Act and it cannot be applied in computation of the book profit u/s 115 JB. We do not find any illegality or infirmity in the order of Ld. CIT(A) wherein he confirmed assessee’s action of disallowing an amount of Rs.72,83,694/- in terms of Rule 8D of Income Tax Rules but the addition of Rs.15,34,506/- for the purpose of computation of book profit on proportionate basis with reference to the income on dividend excluded in the book profit being exempt u/s 10(34) of the Act.
4.2. The Ld.DR even though relied on the order of the Assessing Officer but could not bring to our knowledge any decision which has taken the view contrary to the decision as has been referred to herein above.
Consolidated Finvest & Holding Ltd. 5. In the result the appeal of the Revenue stands dismissed. Pronounced in the Open Court on 22.09.2017.
More judgments on Section 115JB
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Digjam Limited, Jamnagar vs The Principal Commissioner of Income Tax…ITA 349/RJT/2025[2021-22]Status: Disposed12 Oct 2026AY 2021-22
- Braithwaite & Co. Ltd., Kolkata vs DCIT, Circle 1(1), KolkataITA 1076/KOL/2026[2021-2022]Status: Disposed7 Oct 2026AY 2021-2022
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs Vijay M. Mistry Construction Private…ITA 964/AHD/2025[2018-19]Status: Disposed6 Oct 2026AY 2018-19
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur… vs Vijay M. Mistry Construction Private…ITA 963/AHD/2025[2017-18]Status: Disposed6 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- M/S Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026