DCIT CIR 2(2)(1), MUMBAI vs. L & T POWER DEVELOPMENT LTD, MUMBAI
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 held that the CIT(A) was correct in deleting the disallowance as there was no exempt income earned by the assessee during the year. The Tribunal affirmed the decision of the CIT(A), noting that this was consistent with High Court judgments and the Tribunal's own prior decision in the assessee's case.
What were the facts?
The Assessing Officer made a disallowance under Section 14A of the Income Tax Act, 1961, for expenses related to exempt income. The CIT(A) deleted this disallowance, finding that the assessee had not earned any exempt income during the year.
What were the issues?
Whether disallowance under Section 14A is permissible when no exempt income has been earned during the assessment year.
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.
- Cheminvest Ltd. v. CIT1,569 citing61 Taxmann.com 118 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI
Before: SHRI G.S. PANNU & SHRI RAVISH SOOD
The captioned appeal by the Revenue is directed against the order of CIT(A)-5, Mumbai dated 10.08.2015, pertaining to the Assessment Year 2011-12, which in turn has arisen from the order dated 28.01.2014 passed by the Assessing Officer, Mumbai under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’).
In its appeal, Revenue has raised the following Ground of appeal :-
“1. The order of the CIT(A) is opposed to law and facts of the case.
M/s. L&T Power Development Ltd.
2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting disallowance made u/s 14A despite the fact that assessee’s investment at the year end stood at Rs.1112 crores, and as per circular No. 5/2014 dt. 11.02.2014. the expenses relatable to earning exempt income have to be considered for disallowance, irrespective of whether any such income was earned during the year or not.”
In this appeal, the solitary dispute raised by the assessee arises from the action of CIT(A) in deleting the addition made by the Assessing Officer u/s 14A of the Act amounting to Rs.3,16,59,443/-. Notably, the CIT(A) has deleted the addition finding that during the year under consideration there was no exempt income claimed by the assessee and thus, there was no necessity of invoking Sec. 14A of the Act.
Before us, the ld. DR has not assailed the finding of the CIT(A) to the effect that there was no exempt income earned during the year under consideration. As a consequence, we find that the CIT(A) made no mistake in deleting the addition inasmuch as the same is in conformity with the judgment of the Hon'ble Delhi High Court in the case of Cheminvest Ltd. v. CIT [2015] 61 taxmann.com 118 (Delhi).
Before parting, we may also make an observation that right from the stage of assessment, assessee has, inter-alia, canvassed against invoking of Sec. 14A of the Act by pointing out that in this year it has not earned any income which is exempt from tax. At the time of hearing, the learned representative supported the said assertion by referring to the Profit & Loss Account, wherein also no such income has been reported. In fact, in the course of hearing, the learned representative relied upon the decision of the M/s. L&T Power Development Ltd.
Tribunal in the assessee’s own case for the immediately preceding Assessment Year of 2010-11 in dated 25.05.2017, which has also been rendered on similar lines.
At the time of hearing, the ld. DR relied upon the CBDT Circular no. 5/2014 dated 11.02.2014 to put forth that invocation of Sec. 14A of the Act is permissible even in the absence of exempt income during a particular year. In our considered opinion, the said Circular of CBDT does not distract from the legal position laid down by the Hon'ble Delhi High Court in the case of Cheminvest Ltd. (supra), and we further noticed that our co-ordinate Bench in assessee’s own case for Assessment Year 2010-11 (supra) has considered the said Circular and thereafter, applied the ratio of Hon'ble Delhi High Court and deleted the addition.
In view of the aforesaid discussion, we hereby affirm the order of CIT(A) and appeal of the Revenue is dismissed.
In the result, appeal of the Revenue is dismissed.
Order pronounced in the open court on 21st March, 2018.
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 Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026
- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026