DCIT CC 5(3), MUMBAI vs. SHREE KRISHNA SILK INDUSTRIES P. LTD, MUMBAI

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ITA 6337/MUM/2016Status: DisposedITAT Mumbai05 June 2017AY 2012-133 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 Tribunal upheld the CIT(A)'s decision, relying on the Delhi High Court's ruling in Cheminvest Limited, which stated that disallowance under Section 14A is not applicable when no exempt income is earned.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting the addition made under Section 14A. The assessee's plea was that no disallowance under Section 14A is permissible if no exempt income is earned.

What were the issues?

Whether disallowance under Section 14A is applicable even if no exempt income is earned by the assessee during the year.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI

Before: Shri Shamim Yahya

For Appellant: Shri B.Satyanarayana Raju
Hearing: 18.05.2017Pronounced: 05.06.2017

O R D E R This appeal by the Revenue is directed against order of learned CIT(A) dated 27.07.2016 and pertains to assessment year 2012-2013. 2. Grounds of appeal

1.

read as under:- “1. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) has erred in deleting the addition u/s 14A of the Income-tax Act, 1961 by ignoring the fact that the provisions of Section 14A apply even if no exempt income is actually earned or received during the year in any form whatsoever?

2. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) has erred in deleting the addition u/s 14A of the Income-tax Act, 1961 by ignoring the provisions of CBDT Circular No.5/2014 dated 11.02.2014 whereby it has 2 ITA No.6337/Mum/2016. M/s.Shree Krishna Silk Industries Pvt.Ltd. been clarified that Rule 8D r.w.s. 14A provides for the disallowance of expenditure even where the assessee in particular has not earned exempt income?”

3. I have heard the learned Departmental Representative. None appeared on behalf of the assessee. However, in my considered opinion the issue can be disposed of by hearing the learned DR and perusing the records.

4. I find that in this case disallowance under section 14A has been done. However, it was assessee’s plea that no disallowance can be done as assessee had not received any exempt income during the concerned year. Learned Commissioner of Income-tax has accepted this submission of the assessee. He has placed reliance upon the decision of Hon’ble Delhi High Court in the case of M/s.Cheminvest Limited in vide order dated 02.09.2015. In the said decision of Cheminvest Limited, Hon’ble Delhi High Court has reversed the decision of the Special Bench of the ITAT and held that when no exempt income has been earned, no disallowance u/s 14A can be done. I find that no contrary decision of the jurisdictional High Court has been produced before me. In such circumstances, I do not find any infirmity in the order of learned CIT(A). Accordingly, I uphold the same.

5.

In the result, the appeal filed by the Revenue stands dismissed. Order pronounced on this 05th day ofJune, 2017. (Shamim Yahya) लेखा सद"य सद"य / ACCOUNTANT MEMBER मुंबई Mumbai; "दनांक Dated :05th June, 2017. Devdas* . M/s.Shree Krishna Silk Industries Pvt.Ltd.

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