PREETHI JOHN MUTHOOT,THIRUVANATHAPURAM vs. DCIT/ CENTRAL CIRCLE, TRIVANDRUM
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 disallowance under Section 14A read with Rule 8D is not applicable when the assessee has not derived any exempt income in the relevant previous year. This issue has been settled by various judicial precedents.
What were the facts?
The assessee appealed against a disallowance made by the lower authorities under Section 14A read with Rule 8D. The disallowance was made without a categorical finding on whether the assessee derived any exempt income.
What were the issues?
Whether disallowance under Section 14A read with Rule 8D is permissible when no exempt income has been earned by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)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.
- Cheminvest Ltd. v. CIT1,569 citing378 ITR 33 · 2015 · HC · Read judgment
- CIT v. Corrtech Energy (P.) Ltd.579 citing372 ITR 97 · 2014 · HC
- CIT v. Chettinad Logistics (P.) Ltd.421 citing95 Taxmann.com 250 · 2018 · SC
- Pr. CIT v. Avantha Realty Ltd.35 citing164 Taxmann.com 376 · 2024 · 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. 2020-21 arises against CIT(A)-3, Kochi’s DIN & Order No. ITBA/APLS/S/250/2023-24/1057573704(1) dated 31.10.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both parties. Case file perused.
It emerges at the outset that both the learned lower authorities have made section 14A r.w. rule 8D disallowance of Rs.69,35,551/-; without even giving a categorical finding about the assessee having not derived any exempt income as per her books of account pertaining to the relevant previous year. This being the clinching admitted fact, case law in CIT v. Corrtech Energy Pvt. Ltd. [2015] 372 ITR 97 (Guj.); Cheminvest Ltd., vs. CIT [2015] 378 ITR 33 (Del.); PCIT vs. Avantha Preethi John Muthoot Realty Ltd., [2024] 164 taxmann.com 376 (Cal.) and CIT vs. Chettinad Logistics (P) Ltd., [2018] 95 taxmann.com 250 (SC), have already settled this issue in assessee’s favour and against the department that the impugned sec.14A r.w. Rule 8D disallowance does not apply when no exempt income is derived in the relevant previous year. The assessee succeeds in her sole substantive grievance in very terms.
This assessee’s appeal is allowed.
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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