M/S.KERALA CARS P.LTD,COCHIN vs. ACIT CORPORATE CIRCLE 1(1), COCHIN
What did the Tribunal hold?
The tribunal deleted the disallowance under Section 14A as the assessee had no exempt income. For the disallowance under Section 36(1)(iii), the tribunal accepted the assessee's claim in principle, allowing the Assessing Officer to verify the fund position.
What were the facts?
The assessee appealed against an order from the National Faceless Appeal Centre for AY 2011-12. The appeal dealt with disallowances under Section 14A and Section 36(1)(iii) of the Income Tax Act.
What were the issues?
Whether disallowance under Section 14A is applicable when no exempt income is earned, and whether interest-bearing funds diverted to sister concerns for non-business purposes attract disallowance under Section 36(1)(iii).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)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. Reliance Utilities & Power Ltd.2,118 citing313 ITR 340 · 2009 · HC
- PCIT v. Era Infrastructure (India) Ltd.354 citing141 Taxmann.com 289 · 2022 · HC
- Pr.CIT v. Kohinoor Project Pvt Ltd.47 citing121 Taxmann.com 177 · 2020 · HC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench This assessee’s appeal for A.Y. 2011-12 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/NFAC/S/250/2022- 23/1050020571(1) dated 22.02.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both the parties. Case file perused
Learned counsel for assessee does not pressed it’s substantive ground Nos. 1 & 2 with a rider that the same shall not be treated as a precedent in any other assessment year. Ordered accordingly.
Kerala Cars Pvt. Ltd. Coming to the third issue of disallowance u/s. 14A r.w. rule 8D of 3. Rs.25,23,155/- it emerges at the outset that the assessee had not derived any exempt income in the relevant previous year. That being the case we quote CIT vs. Era Infrastructure (India) Ltd., [2022] 141 taxmann.com 289 (Del.) and PCIT vs. Kohinoor Projects (P) Ltd., [2020] 121 taxmann.com 177 (Bom.) to name a few judicial precedents, to conclude that the impugned disallowance does not apply in absence of any exempt income. Deleted accordingly.
Next comes section 36(1)(iii) disallowance of Rs. 43,24,427/- made in both lower proceedings alleging diversion of assessee’s interest bearing funds for non- business purposes in advancing loans to sister concerns. Learned counsel for the assessee ‘s only case is that the assessee had advanced the impugned loans to the sister concerns out of its interest free funds and therefore, the same is not sustainable going by CIT v. Reliance Utility and Power Ltd. [2009] 313 ITR 340 (Bom.). That being the case, we deem it appropriate to accept the assessee’s instant last substantive ground in principle and leave it open for the Assessing Officer to verify it’s fund position in very terms. Ordered accordingly.
This assessee’s appeal allowed in above terms.
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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