DCIT, NEW DELHI vs. M/S. MERCANTILE CAPITAL & FINANCIAL SERVICES PVT. LTD., NEW DELHI
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 disallowance under Section 14A cannot exceed the exempt income. Since the suo motu disallowance exceeded the dividend income, it was not sustainable.
What were the facts?
The assessee company suo motu disallowed an amount under Section 14A which was significantly higher than the dividend income earned. The Revenue appealed against the CIT(A)'s order.
What were the issues?
Whether the disallowance under Section 14A can exceed the exempt income earned by the assessee.
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.
- Joint Investments Pvt. Ltd. v. CIT803 citing372 ITR 694 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: SHRI J. SUDHAKAR REDDY & SHRI SUDHANSHU SRIVASTAVA
PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER
This is an appeal filed by the Revenue directed against the order of the Ld. Commissioner of Income Tax (Appeals) –IX, New Delhi dated 12.12.2013 pertaining to the Assessment Year (A.Y.) 2010-11.
After hearing rival submissions we find that the dividend earned by the assessee company is Rs.31,198/-. The assessee has suo moto disallowed an amount of Rs.38,14,783/- u/s 14A of the Act. The Jurisdictional High Court in the case of CIT vs. Taikisha Engineering India Ltd. 370 ITR 358 (Del.) has held that, without recording objective satisfaction as required under Sub Section (2) to S.14A of the Income Tax Act, 1961 (the Act) that the A.O. is not satisfied with the correctness of the claim of the assessee in respect of expenditure incurred in relation to exempt income, Rule 8D of ITAT Rules, 1962 cannot be invoked.
The Delhi A Bench of the Tribunal in ITA 2358/Del/2013 in the case of M/s Amar Packaging Pvt.Ltd. vs. ITO order dt. 29.4.2016, relied on the decision of the Jurisdictional High Court in the case of Joint Investments Pvt. Ltd. vs. CIT (2015) 372 ITR 694 (Del.) and at para 12 held as follows.
12. In the instant case, AO worked out the disallowance as per section 14A read with Rule 8D of the Income Tax Rules, 1962 which is not sustainable in the view of law laid down by Hon’ble Jurisdictional High Court in judgement cited as Joint Investments Pvt. Ltd. vs. CIT (supra) discussed in preceding para 11, as the disallowance cannot exceed the income claimed by the assessee as exempt income. We, therefore, restrict the disallowance of Rs.7,01,194/-, particularly when the assessee has not proved on record as to how his figure of Rs.54,217/- was worked out. Consequently, the present appeal filed by the assessee is partly allowed for statistical purposes.
3.1. As the disallowance made by the assessee suo motto, is more than the dividend income earned by it we uphold the contentions of the assessee.
In the result the appeal by the Revenue is dismissed. Order pronounced in the Open Court on 29th September, 2016.
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 →- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026