448 ITR 674 (Delhi and Pr.CIT v. Oil Industry Development Board

103 Taxmann.com 325High Court2019#4593 most cited

What is 448 ITR 674 (Delhi and Pr.CIT v. Oil Industry Development Board authority for?

Disallowance under section 14A of the Income-tax Act is not permissible if the assessee has not earned any exempt income in the relevant assessment year. This position is affirmed by the dismissal of a Special Leave Petition by the Supreme Court.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2025.

Also referred to as

Oil Industry Development Board · Section 14A · exempt income · disallowance · no exempt income · Delhi High Court · Supreme Court SLP dismissal

Sections most often in play

Section 14ASection 143(3)Section 253(3)Section 43BSection 8DSection 36(1)(xii)Section 10Section 234A

Issues it is cited on

section 14a(3)section 36(i)(iii)section 36(i)(va)section 36(l)(va)section 36(l)(iii)section 36(l)r&d expendituresection 10(33)statutory duessection 270a(9)mat creditweighted deduction

Judgments citing 448 ITR 674 (Delhi and Pr.CIT v. Oil Industry Development Board

DCIT, Circle-52(1), New Delhi vs. Oil Industry Development Board, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 1305/DEL/2023[2013-14]Status: DisposedITAT Delhi25 Apr 2024AY 2013-14

Bench: Shri Saktijit Dey & Shri Naveen Chandra

For Appellant: NoneFor Respondent: Shri Subhra Jyoti Chakraborty, Sr. DR
Section 14ASection 36(1)(xii)

…he Act, the ld. CIT(A), at paras 6.9 to 6.12 of his order has directed the Assessing Officer to delete the addition of Rs. 8,8-,24,000 by following the decision of the Hon'ble High Court of Delhi passed in assessee’s own case for Assessment year 2010-11 in 103 Taxmann.com 325 [Delhi] wherein addition made u/s 14A of the Act was deleted as the assessee had no exempt income. 9. With respect to disallowance of expenditure u/s 36(1)(xii) of the Act, the ld. CIT(A) at Paras 6.13 to 6.19 of his order, has directed the Assessing Officer to allow deduction u/s 36(1)(xii) of the Act delete the addition of Rs. 3,67…

Aarti Sponge and Power Ltd., Raipur vs. Assistant Commissioner of Income Tax, -1(1), Raipur

In the result appeal of the assessee is partly allowed for statistical purposes

ITA 70/RPR/2023[2013-14]Status: DisposedITAT Raipur20 Sept 2023AY 2013-14

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita No.70/Rpr/2023 िनधा"रण वष" /Assessment Year: 2013-14 V. Aarti Sponge & Power Ltd. Acit -1 (1) Aarti House, Ashoka Ratna Shankar Raipur Nagar, Raipur, Chhattisgarh – 492 001

For Respondent: Sr. D.R
Section 143(3)Section 14ASection 250

…on records and have analyzed the case laws referred to. At the outset, under settled position of law as laid down by the Hon’ble High Court’s in the case of CIT Vs. State Bank of Patiala 393 ITR 476(2017)(P&H), CIT Vs. Oil Industries Development Board (2019) 103 Taxmann.com 325 (Delhi), Chettinad Logistics (P.) Ltd. – (2018) 95 Taxmann.com 250 (SC) wherein Hon’ble Madras High Cout has held that “Section 14A cannot be invoked where no exempt income was earned by the assessee in the relevant assessment year”, in these three judgments, which were challenged by the department before the Hon’ble Apex Court, wherein t…

M/S M/S Nav Bharat Press, Raipur (Cg) vs. The Asstt. Commissioner of Income Tax 3(1), Raipur (Cg)

In the result, appeal of the assessee in ITA No

ITA 6/BIL/2017[2013-14]Status: DisposedITAT Raipur31 Oct 2022AY 2013-14

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.06/Rpr/2017 & आयकर अऩीऱ सं./Ita No.162/Rpr/2019 (ननधाारण वषा / Assessment Year :2013-2014 & 2015-2016) M/S Nava Bharat Press, Vs Acit, Cirlce-3(1), Raipur Press Complex, G.E.Road, Raipur (C.G.) Pan No. : Aadfn 0350 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Mahavir Atal & Shri Sudhir Baheti, CAsFor Respondent: Shri G.N.Singh, Sr. DR
Section 14ASection 36Section 36(1)(iii)Section 36(1)(va)

…Ltd [2017] 80 Taxmann.com / 248 Taxmann 55 has laid down a proposition that 14A cannot be invoked where no exempt income was earned by the Assessee in relevant assessment year. 2. Delhi High Court in the case of CIT Vs. Oil Industry Development Board [ 2019] 103 Taxmann.com 325 (Delhi) has held that in the absence of any exempt income , disallowance under section 14A of any amount was not permissible. The departmental SLP filed against such judgment has been rejected on 8th Feb, 2019 by Hon. Apex Court as reported as Principle CIT Vs. Oil Industry Development Board [2019] 103 Taxmann.com 326 (SC)/ [2019] 262 Tax…

DCIT, Central Circle-26, New Delhi vs. Oriental Tollways Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 8492/DEL/2019[2014-15]Status: DisposedITAT Delhi19 Sept 2022AY 2014-15

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

For Appellant: Shri K.V.S.R. Krishna, CAFor Respondent: Shri Jeetender Chand, Sr. DR
Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘E’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 8492/DEL/2019 [A.Y 2014-15) The Dy. C.I.T Vs. M/s OCE Commercial Block Central Circle - 26 Hotel Aloft, Asset 5B, Aerocity New Delhi Hospitality District, IGI Airport New Delhi PAN: AABCO 0946 R (Applicant) (Respondent) Assessee By : Shri K.V.S.R. Krishna, CA Department By : Shri Jeetender Chand, Sr. DR Date of Hearing : 19.09.2022 Date of Pronouncement : 19.09.2022 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER:- This appeal by the Revenue is pre…

DCIT 3(2) (1), Mumbai vs. M/S. Mukund Ltd, Mumbai

Accordingly, ground no 3 is allowed

ITA 1794/MUM/2021[2017-18]Status: DisposedITAT Mumbai31 May 2022AY 2017-18

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2017-18

For Appellant: Shri Raj Mehta(ACA), A.RFor Respondent: Smt. Sonia Kumar, D.R
Section 115JSection 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “H”, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Year: 2017-18 DCIT- 3(2)(1), M/s. Mukand Limited, 3rd Floor, Bajaj Bhavan, Room No.674, 6th Floor, Vs. Jamnalal Bajaj Marg, Aayakar Bhavan, Nariman Point, M.K. Road, Mumbai – 400 021 Mumbai - 400020 PAN: AAACM5008R (Appellant) (Respondent) Present for: Assessee by : Shri Raj Mehta(ACA), A.R. Shri Alpesh Dharod (FCA), A.R. Revenue by : Smt. Sonia Kumar, D.R. Date of Hearing : 24 . 05 . 2022 Date of Pronouncement : 31 . 05 . 2022 O R D E R Per : Kuldi…