ACIT, MADURAI vs. RAJA RAM FLOUR MILLS P. LTD., TIRUMANGALAM

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ITA 1460/CHNY/2017Status: DisposedITAT Chennai05 January 2018AY 2013-143 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The CIT(Appeals) correctly restricted the disallowance under Section 14A to the extent of the exempt dividend income, following the Madras High Court judgment in Redington (India) Ltd.

What were the facts?

The Revenue appealed against the CIT(Appeals) order concerning disallowance under Section 14A for AY 2013-14. The assessee had received dividend income of ₹13,050 which was claimed as exempt.

What were the issues?

Whether the disallowance under Section 14A should be restricted to the extent of exempt income.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

Hearing: 28.12.2017Pronounced: 05.01.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-1, Madurai, dated 07.03.2017 and pertains to assessment year 2013-14.

2.

The only issue arises for consideration is with regard to disallowance made by the Assessing Officer under Section 14A of the Income-tax Act, 1961 (in short 'the Act').

3.

No one appeared for the assessee inspite of service of notice of hearing. Therefore, we heard the Ld. Departmental Representative and proceeded to dispose the appeal on merit.

4.

We heard Smt. Ruby George, the Ld. D.R. and perused the relevant material available on record. The CIT(Appeals) found that the assessee has received dividend income only to the extent of ₹13,050/- during the year under consideration, which was claimed as exempted from taxation. By placing reliance on the judgment of Madras High Court in Redington (India) Ltd. v. Addl. CIT (2017) 1 TM 1318, the CIT(Appeals) found that the disallowance under Section 14A of the Act could be restricted only to the extent of ₹13,050/- which was received as exempted income. Since the CIT(Appeals) has followed the judgment of Madras High Court in Redington (India) Ltd. (supra), this Tribunal does not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

5.

In the result, the appeal filed by the Revenue stands dismissed.

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