THE PR.COMMISSIONER OF INCOME-TAX, CIT(A) vs. M/S KBD SUGARS AND DISTILLERIES LTD
What did the High Court hold?
The High Court followed its earlier decision in a similar case and held that the Tribunal was justified in deleting the addition. The substantial question of law was answered in favour of the assessee.
What were the facts?
The revenue appealed against an ITAT order that deleted additions made under Section 14A read with Section 8D(2)(ii) and (iii). The ITAT held that there was no fresh investment and the assessing authority lacked satisfaction regarding expenditure in contravention of Section 14A.
What were the issues?
Whether the Tribunal was justified in deleting additions under Section 14A when the assessing authority lacked satisfaction regarding contravention of the provisions and relevant circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2021 PRESENT
THE HON’BLE MRS. JUSTICE S.SUJATHA AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
I.T.A.No.552/2016 BETWEEN: 1. The Pr. Commissioner of Income-Tax, CIT(A)
5th floor, BMTC Building, 80 feet road, Kormangala,
Bangalore-560095.
The Asst. Commissioner of Income-Tax,
Circle-11(5), Present address
Circle-4(1)(1),
2nd floor, BMTC Building,
80 feet road, Kormangala,
Bangalore-560095.
… APPELLANTS
(By Sri K.V.Aravind, Adv.)
AND:
M/s. KBD Sugars & Distilleries Ltd., No.17, Sankey Road, Bangalore-560020.
… RESPONDENT
(By Sri V.Chandrashekar, for Sri M.Lava, Adv.)
This ITA is filed under Section 260-A of the Income Tax Act praying to set aside the orders passed by the ITAT, Bangalore, in ITA No.933/Bang/2013 dated 05.02.2016 and
confirm the order of the Appellate Commissioner confirming the order passed by the Assistant Commissioner of Income Tax, Circle-4(1)(1), Bengaluru.
This appeal coming on for Final Hearing, this day, S.Sujatha J., delivered the following:
JUDGMENT
This appeal is admitted to consider the following substantial question of law.
"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition made under Section 14A r/w/s 8D(2)(ii) and (iii) holding that there was no fresh investment and the assessing authority has not expressed or recorded any satisfaction by identifying the expenditure which has been incurred in contravention to the provisions in Section 14A and also contrary to the Board's Circular No.14 of the 2001 and 5 of 2001?"
The said substantial question of law having been considered and answered in favour of the assessee and against the revenue in the case of CIT VS M/S. QUEST GLOBAL ENGINEERING SERVICE PVT. LTD., in ITA No.133/2015 dated 15.02.2021, the said substantial
question of law is answered in favour of the assessee and against the revenue.
Resultantly, the appeal stands dismissed.
Sd/- JUDGE
Sd/- JUDGE
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 →- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026