DCIT, NEW DELHI vs. M/S. JONES LANG LASALLE MEGHRAJ BUILDING OPERATIONS 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 upheld the CIT(A)'s decision, stating that no disallowance under Section 14A is warranted if no exempt income is earned. Regarding salary expenses, the Tribunal found that the Assessing Officer's disallowance was not justified as the assessee provided explanations and the CIT(A) had made further inquiries.
What were the facts?
The Revenue appealed against the deletion of two additions by the CIT(A): Rs. 3,92,167/- under Section 14A and Rs. 9,86,76,489/- for salary and benefits. The assessee company provides facility and property management services.
What were the issues?
Whether disallowance under Section 14A is permissible without exempt income, and whether the Assessing Officer can dictate salary expenses based on a perceived increase.
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.
- CIT v. Corrtech Energy (P.) Ltd.579 citing372 ITR 97 · 2014 · HC
- Cheminvest Ltd. v. ITO338 citing121 ITD 318 · 2009 · ITAT
Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,
Before: SHRI BHAVNESH SAINI, & SHRI N.K. BILLAIYA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the Revenue is preferred against the order of the CIT(A) - 5, Delhi dated 30.06.2016 pertaining to A.Y 2012-13.
The grievance of the Revenue is two-fold – firstly, the Revenue is aggrieved by the deletion of addition of Rs. 3,92,167/- made by the Assessing Officer u/s 14A of the Income tax Act, 1961 [hereinafter referred to as 'The Act' for short] and secondly, the Revenue is aggrieved by the deletion of addition of Rs. 9,86,76,489/- being salary wages and other benefits which is grossly disproportionate to the revenue of the assessee.
Representatives of both the sides have been heard at length.
Case records carefully perused.
Briefly stated, the facts of the case are that the assessee company is engaged in the business of providing facility management and property management services. Return of income declaring total income of Rs. 5,69,78,430/- was filed on 29.09.2012. Return was selected for scrutiny assessment under CASS and accordingly, statutory notices were issued and served upon the assessee.
During the course of scrutiny assessment proceedings, the assessee was asked to submit detailed note on applicability of section 14A of the Act. The assessee filed detailed reply and after considering the same, the Assessing Officer computed the disallowance at Rs. 3,92,167/-.
Before the ld. CIT(A), it was strongly contended that during the year under consideration, the assessee did not earn any exempt income, therefore, disallowance u/s 14A of the Act is unwarranted.
After considering the facts and submissions, the ld. CIT(A) deleted the addition.
Before us, the ld. DR strongly relied upon the findings of the ld. CIT(A).
Per contra, the ld. counsel for the assessee reiterated what has been stated before the lower authorities.
We have given thoughtful consideration to the orders of the authorities below. The undisputed fact is that the assessee did not earn any exempt income during the year under consideration. Since there is no exempt income earned by the assessee during the year, there cannot be any disallowance u/s 14A of the Act. This issue is by now well settled in favour of the assessee and against the revenue by the decision of the Special Bench of the Tribunal in the case of M/s Cheminvest Ltd 121 ITD 318 which was affirmed by the Hon'ble High Court of Delhi. Same view is taken by the Hon'ble Gujarat High Court in the case of Corrtech Energy (P) Ltd 372 ITR 97. In view of the above, we decline to interfere with the findings of the ld. CIT(A).
Respectfully following the above mentioned judicial decisions, Ground No. 1 raised by the Revenue is dismissed.
Facts relating to Ground No. 2 show that during the assessment proceedings, the assessee was asked to file details of expense heads.
According to the Assessing Officer, expenses have gone up sharply and the assessee was asked to justify the claim of expenses and reason for increase in expenses as compared to F.Y. 2010-11.
The assessee filed detailed reply and after going through the reply of the assessee, the Assessing Officer made his own ratio analysis and came to the conclusion that an increase of 10% is only allowable and accordingly, computed the disallowance of salary wages and other benefits at Rs. 19,95,68,175/-.
Before the ld. CIT(A), it was strongly contended that the Assessing Officer has grossly erred in making disallowance merely on account of increase in salary expenses. It was brought to the notice of the ld. CIT(A) that though there is no dispute that there was jump in salary wages, but the Assessing Officer did not call for any further clarification from the assessee if he was not satisfied with the reply of the assessee dated 24.02.2015.
After considering the facts and submissions, the ld. CIT(A) observed that the Assessing Officer’s calculation of the average salary
per employee is found rather simplistic and cannot be applied across the board. The ld. CIT(A) further observed that the appellant has filed list of new employees and during the appellate proceedings, the designation and amount paid to new employees were also furnished at the behest of the ld. CIT(A). After carefully perusing the entire details filed by the assessee, the ld. CIT(A) found that the return for A.Y 2013- 14 was also scrutinised and although this issue was examined, no such disallowance has been made. The ld. CIT(A) finally deleted the entire disallowance of Rs. 9.86 crores.
Before us, the ld. DR strongly supported the findings of the Assessing Officer.
Per contra, the ld. counsel for the assessee reiterated what has been stated before the lower authorities.
We have given thoughtful consideration to the orders of the authorities below. The undisputed fact is that the Assessing Officer did enquire about the increase in salary wages and the assessee did file a detailed reply. In our considered opinion, if the Assessing Officer was not satisfied with the reply of the assessee, then nothing prevented him to further seek clarification from the assessee in respect of jump in salary. We find that the first appellate authority did make enquiries and found that some new employees were employed by the assessee with designation and amount of salary paid to them.
We find that the first appellate authority has considered the evidences in detail and finally came to the conclusion that no disallowance needs to be made. We are further of the opinion that the Assessing Officer cannot decide how much salary a business man should pay to his employees. Considering the facts of the case in totality, we do not find any reason to interfere with the findings of the ld. CIT(A).
Ground No. 2 is dismissed.
In the result, the appeal of the revenue in is dismissed.
The order is pronounced in the open court on 06.07.2020.
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.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026
- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026