M. M. POONJIAJI SPICES LTD.,MUMBAI vs. DCIT CIR. 4(2), MUMBAI
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 Section 14A disallowance cannot be made in the absence of any exempt income earned or receivable by the assessee. Following judicial precedents, the order of the CIT(A) was set aside.
What were the facts?
The Assessing Officer disallowed Rs. 3,13,997 under Section 14A read with Rule 8D, citing a CBDT circular, even though the assessee earned no exempt income. The CIT(A) upheld this disallowance.
What were the issues?
Whether disallowance under Section 14A read with Rule 8D is permissible when the assessee has not earned any exempt income 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(2)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
- CIT v. Shivam Motors (P.) Ltd.179 citing55 Taxmann.com 262 · 2015 · HC
Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN
ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the assessee. The relevant assessment year is 2011-12. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-9, Mumbai and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the ‘Act’).
The issue in the present case falls in a narrow compass. The issue is whether the Assessing Officer (AO) can make a disallowance u/s 14A M/s M.M. Poonjiaji Spices Ltd. r.w. Rule 8D of Income Tax Rules, 1962 when the assessee has not earned any exempt income during the year under consideration.
Briefly stated, the facts of the case are that the AO made a disallowance of Rs.3,13,997/- u/s 14A r.w. Rule 8D relying on the CBDT Circular No. 5/2014 dated 11.02.2014 stating that disallowance of expenditure can be made under the above section and Rule even where taxpayer in a particular year has not earned any exempt income.
In appeal, the Ld. CIT(A) has confirmed the said disallowance made by the AO.
Before us, the Ld. counsel of the assessee submits that the assessee-company has not earned any income from the partnership firms during the year which can be claimed as exempt income. Therefore, no disallowance can be made u/s 14A.
On the other hand, the Ld. DR relies on the order of the Ld. CIT(A). Reliance is also placed by him on the CBDT Circular mentioned above.
We have heard the rival submissions and perused the relevant materials on record. The issue whether disallowance u/s 14A r.w. Rule 8D can be made in a case when there is no exempt income is no longer res integra. In the case of CIT v. Shivam Motors (P) Ltd. (2015) 55 taxmann.com 262 (All), it has been held that in absence of any tax free income earned by the assessee, disallowance u/s 14A could not be made. In a similar vein, it has been held in Cheminvest Ltd. v. CIT (2015) 61 taxmann.com 118 (Del) that section 14A will not apply if no exempt income is received or receivable during the relevant previous year.
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 →- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026
- 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