DCIT, CENTRALCIRCLE-1, NEW DELHI vs. BLUE COAST HOTELS LTD, NEW DELHI

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ITA 2850/DEL/2022Status: DisposedITAT Delhi12 June 2023AY 2017-184 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to restrict the disallowance under Section 14A to the amount of exempt income earned. The disallowance cannot exceed the exempt income.

What were the facts?

The Assessing Officer disallowed Rs. 2,31,39,000/- under Section 14A read with Rule 8D for dividend income. The assessee earned dividend income of Rs. 99,693/- during the assessment year.

What were the issues?

Whether the disallowance under Section 14A can exceed the amount of exempt income earned by the assessee.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI ANUBHAV SHARMA

For Appellant: Ms. Akansha Birla, CA
Hearing: 08.06.2023Pronounced: 12.06.2023

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals], New Delhi-23 dated 06.09.2022 pertaining to assessment year 2017-18.

2.

The sum and substance of the grievance of the Revenue is that the ld. CIT(A) erred in restricting the disallowance u/s 14A r.w.r 8D of the Act to Rs. 99,693/- against disallowance of Rs. 2,31,39,000/- made by the Assessing Officer.

3.

Briefly stated, the facts of the case are that during the scrutiny assessment proceedings, the Assessing Officer noticed that the assessee has earned dividend from investments and invoking provisions of section 14A r.w.r 8D, the Assessing Officer computed the disallowance at Rs. 2,31,39,000/-.

4.

Addition was challenged before the Id. CIT(A) and it was strongly contended that during the year under consideration, the assessee has earned dividend amounting to Rs. 99,693/- only.

5.

Referring to various judicial decisions, the Id. CIT(A) was of the opinion that the disallowance u/s 14A r.w.r.r 8D cannot exceed the exempt income and, accordingly, directed the Assessing Officer to restrict the dividend to Rs. 99,693/-.

6.

Before us, the ld. DR strongly supported the findings of the Assessing Officer.

7.

Per contra, the ld. counsel for the assessee reiterated what has been stated before the lower authorities.

8.

We have carefully perused the orders of the authorities below.

The undisputed fact is that total exempt income during the year under consideration is Rs. 99,693/-. Therefore, the ratio laid down by the Hon'ble Jurisdictional High Court of Delhi in the case of Caraf Builders & Constructions [P] Ltd 414 ITR 122 squarely applies wherein the Hon'ble High Court has held that the disallowance u/s 14A of the Act cannot exceed the exempt income. We, therefore, decline to interfere.

9.

In the result, the appeal filed by the Revenue in is dismissed.

The order is pronounced in the open court on 12.06.2023.

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