DCIT, TUTICORIN vs. T.JOHNSON, TUTICORIN
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 disallowance under Section 14A cannot be made when there is no exempt income earned by the assessee in that year, following the matching concept and jurisdictional High Court's judgment.
What were the facts?
The Revenue appealed against the deletion of disallowance made under Section 14A by the Assessing Officer. The CIT(A) deleted the disallowance finding that the assessee had not derived any dividend income exempt under Section 10(34).
What were the issues?
Whether disallowance under Section 14A is permissible when no exempt income has been 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.
- Madras Industrial Investment Corporation Ltd. v. CIT568 citing225 ITR 802 · 1997 · SC · Read judgment
Income Tax Appellate Tribunal, ‘A’ BENCH : CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER
In this appeal filed by the Revenue, it is aggrieved that ld. Commissioner of Income Tax (Appeals) deleted disallowance u/s. 14A of the Income Tax Act, 1961 (in short ‘’the Act’’) made by the ld. Assessing Officer.
ITA No969/Mds/2017 :- 2 -:
Ld. Commissioner of Income Tax (Appeals) deleted the disallowance finding that assessee had not derived any dividend income claimed as exempt u/s. 10(34) of the Act.
Now before us, ld. Departmental Representative submitted that even when there was no income which was exempt under the Act a disallowance u/s. 14A of the Act could be made.
Per contra, ld. Authorised Representative strongly 4.
supported the orders of the authorities below.
We have considered the rival contentions and perused the orders of the authorities below. The question whether disallowance u/s. 14A of the Act could be made when there was no exempt income claimed by the assessee stands answered by the judgment of Jurisdictional High Court in the case of Redington India Ltd vs. Addl.
CIT (2016) 97 CCH 0219, what was held by the Jurisdictional High Court at para 15 is reproduced hereunder:-
‘’15. The exemption extended to dividend income would relate only to the previous year when the income was earned and none other and consequently the expenditure incurred in connection therewith should also be dealt with in the same previous year. Thus, by application of the matching concept, in a year where there is no exempt income
ITA No969/Mds/2017 :- 3 -: there cannot be a disallowance of expenditure in relation to such assumed income. (Madras Industrial Investment Corporation Ltd vs. CIT (225 ITR 802)). The language of Sec. 14A(10 should be read in that context and such that it advances the scheme f the Act rather than distort it’’.
In the circumstances, we do not find any infirmity in the order of the ld. Commissioner of Income Tax (Appeals).
In the result, the appeal of the Revenue stands dismissed. 6.
Order pronounced on Wednesday, the 6th day of September, 2017, at Chennai.
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. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026