KAMARAJAR PORT LIMITED,CHENNAI vs. DCIT, CHENNAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal held that disallowances made under Section 14A read with Rule 8D cannot be added to the book profit computed under Section 115JB. The lower authorities' orders were set aside.
What were the facts?
The assessee's appeals concerned the addition of disallowances made under Rule 8D while computing book profit. The assessee argued that such disallowances cannot be added to book profit based on previous tribunal decisions.
What were the issues?
Whether disallowances made under Section 14A read with Rule 8D can be added to book profit for the purpose of Section 115JB.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Beach Minerals Company Pvt. Ltd. v. ACIT21 citing64 Taxmann.com 218 · 2015
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
All the three appeals of the assessee are directed against the respective orders of the Commissioner of Income Tax (Appeals)-8, Chennai, dated 29.02.2016, for the assessment years 2007-08, 2010-11 and 2011-12. Since common issue arises for consideration in all the three appeals, we heard all these appeals together and disposing of the same by this common order.
The only issue arises for consideration in all the three appeals is with regard to addition of disallowance made under Rule 8D of Income-tax Rules, 1962 while computing book profit.
Shri K. Meenatchi Sundaram, the Ld. representative for the assessee, submitted that this Tribunal in the assessee's own case for assessment year 2012-13, examined this issue and by placing reliance on the earlier decision of this Bench of the Tribunal in Beach Minerals Company Pvt. Ltd. v. ACIT (64 Taxmann.com 218), found that any disallowance made under Section 14A of the Income-tax Act, 1961 (in short 'the Act') read with Rule 8D cannot be added to the book profit. In view of this decision of the Tribunal in the assessee's own case for assessment year 2012-13, the CIT(Appeals) is not justified in confirming the order of the Assessing Officer.
We have heard Shri Supriyo Pal, the Ld. Departmental Representative also. The Ld. D.R. has very fairly conceded that this issue is covered in favour of the assessee by the order of this Tribunal for assessment year 2012-13.
We have considered the submissions on either side and perused the relevant material available on record. As rightly submitted by the Ld. Departmental Representative and the Ld.counsel for the assessee, the very same issue was considered by this Tribunal and this Tribunal found that the disallowance made under Rule 8D cannot be added while computing book profit under Section 115JB of the Act. In view of this order of the Tribunal, the Assessing Officer is not justified in adding the amount disallowed under Section 14A of the Act while computing book profit. By following the order of this Tribunal in the assessee's own case for assessment year 2012-13 and for the reasons stated therein, we are unable to uphold the orders of the lower authorities. Accordingly, the orders of the lower authorities are set aside and the Assessing Officer is directed not to add the disallowance made under Section 14A of the Act while computing book profit under Section 115JB of the Act.
In the result, the appeals filed by the assessee are allowed.
Order pronounced on23rd November, 2016 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
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