M/S BHARAT MARKETING & ADVERTISING CO. PVT. LTD.,DELHI vs. ITO, NEW DELHI
What did the Tribunal hold?
The Tribunal held that the disallowance under Section 14A must be restricted to the extent of dividend income earned. For the disallowance of interest expenses, the issue was restored to the Assessing Officer for de-novo adjudication in light of a High Court decision.
What were the facts?
The assessee company, an advertising agency, invested a significant amount in shares of an unquoted company and also provided interest-free loans to its subsidiaries. The Assessing Officer disallowed expenses under Section 14A and a portion of interest paid on borrowed capital.
What were the issues?
Whether disallowance under Section 14A can exceed exempt income, and whether interest expenses are deductible when interest-free loans are given to subsidiaries.
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.
- Joint Investments Pvt. Ltd. v. CIT803 citing372 ITR 694 · 2015 · HC · Read judgment
- CIT v. Modi Rubber Ltd.18 citing378 ITR 128 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH “SMC-I”, NEW DELHI
Before: SHRI S.V. MEHROTRA
per the provisions of the Act then it is for the Assessing Officer to make the necessary corrections but, in any view of the matter, income has to be correctly computed as per the provisions of the Act. However, alternate contention of ld. counsel for the assessee, relying on the decision of Hon’ble Delhi High Court in the case of Joint Investments Pvt. Ltd. (supra), deserves to be accepted and the disallowance has to be restricted only to the dividend income of Rs.21.71. I direct accordingly. In the result, the ground nos.2 to 7 are partly allowed.
Apropos ground no.8, ld. counsel pointed out that loans were given in assessment year 1997-98 to subsidiary companies considering business expediency and need of the business out of free reserves. He further pointed out that the loans were taken by the assessee company during the previous years i.e. assessment years 2009-10 and 2010-11 for business needs and not for giving interest free loans. He submitted that the matter may be restored back to the file of the Assessing Officer to examine the facts afresh in the light of decision of Hon’ble Delhi High Court in the case of CIT vs. Modi Rubber Ltd., (2015) 378 ITR 128 (Delhi).
I have considered the rival submissions of both the parties and have perused the record of the case. The facts need to be re-marshaled in the light of decision of Hon’ble Delhi High Court in the case of Modi Rubber Ltd. (supra). I, therefore, restore this issue to the file of the Assessing Officer for de-novo adjudication. In the result, this ground no.8 is allowed for statistical purposes.
Resultantly, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on this 27th day of January, 2017.
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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