Cheminvest Ltd. v. CIT

378 ITR 33High Court2015#24 most cited

What is Cheminvest Ltd. v. CIT authority for?

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

1,569

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

Cheminvest Ltd. v. CIT · Section 14A disallowance · no exempt income · exempt dividend income · expenditure related to exempt income · Section 8D · Section 115JB · Income-tax Act 1961 · Delhi High Court

Also reported as

61 Taxmann.com 118234 Taxmann 761317 ITD 33281 CTR 447

Issues it is cited on

Judgments citing Cheminvest Ltd. v. CIT

M/S- Rawat Balaji (Joint Venture), Jharsuguda vs. Prilncipal, CIT, Sambalpur

In the result, appeal of the assessee in ITA No

ITA 193/CTK/2019[204-15]Status: DisposedITAT Cuttack15 Dec 2021

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita Nos.193/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Rawats-Balaji(Jv), Vs Pr.Cit, Sambalpur At/Po-Belpahar(Rs), Dist : Jharsuguda Pan No. : Aabar 9061 J Tan No. : Bbnr01647 C & आयकर अपीऱ सं./Ita Nos.194/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Sbepl-Gril(Jv), Vs Pr.Cit, Sambalpur At/Po-Belpahar(Rs), Dist : Jharsuguda Pan No. : Aafas 2639 R Tan No. : Bbns04348 B & आयकर अपीऱ सं./Ita Nos.195/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) Shree Balaji Engicons Pvt Ltd Vs Pr.Cit, Sambalpur At/Po-Belpahar(Rs), Dist : Jharsuguda Pan No. : Aagcs 4292 P Tan No. : Bbns00091 A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Satyanarayan Agarwal, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तािीख / Date Of Hearing : 26/10/2021 घोषणा की तािीख/Date Of Pronouncement : 23/12/2021 आदेश / O R D E R Per Bench: These Three Appeals Have Been Filed By Three Different Assessees Against The Order Passed By The Pr.Cit, Sambalpur, U/S.263 Of The Act, All Dated 30.03.2019 For The Assessment Year 2014-2015. 2

For Appellant: Shri Satyanarayan Agarwal, ARFor Respondent: Shri M.K.Gautam, CITDR
Section 143(3)Section 14ASection 263Section 80I

…nce based upon the investments made by the assessee. The CIT(A) and the Income Tax Appellate Tribunal (ITAT) allowed the assessee's appeals by following the ruling in 118 ITA Nos.193-195/CTK/2019 'Chemin vest Ltd. v. CIT [2015/61taxmann.com 118/234 Taxman 761/378 ITR 33 (Delhi); the Court had then held that in the absence of any exempt income disallowance was impermissible. For the relevant Assessment Year (2013-14). concededly. the assessee did not report any exempt income. Consequently, no substantial question of law arises; the appeal is therefore dismissed along with the pending application. [Emphasis Supplie…

Dy CIT, Circle-7(1)(1), Mumbai vs. M/S. Mep Infrastructure Developers Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 512/MUM/2021[2017-18]Status: DisposedITAT Mumbai26 Nov 2021AY 2017-18

Bench: Mrs. Diva Singh & Shri Rifaur Rahmandy.Cit, Circle-7(1)(1), Room No. 126, 1St Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020 ............ Appellant Vs. M/S. Mep Infrastructure Developers Ltd. 410, Boomerang, Chandivali Farm Road, Andheri East, Mumbai-400072. Pan: Aadcm3650J ............ Respondent Appellant By : Sh. Kishore Dhule, Sr. Dr Respondent By : Ms. Tejal Saraf (Ar) Date Of Hearing : 24/11/2021 Date Of Pronouncement : 26/11/2021 Hearing Via Webex Order Per Diva Singh, J.M: In The Facts Of The Present Case, It Is Seen That The Assessee-Company Is Engaged In The Business Of Toll Collection As Per The Contract Entered With Various Authorities & Also In Providing Road, Repair & Maintenance Service To Its Subsidiaries Companies. 2. For The Purposes Of Addressing The Issues Necessitating Adjudication, It Is Necessary To First Address The Fact That The Present Appeal Has Been Filed By The Revenue, Wherein The Correctness Of The Order Dated 27.01.2021 Passed

For Appellant: Sh. Kishore Dhule, Sr. DRFor Respondent: Ms. Tejal Saraf (AR)
Section 14ASection 80I

…. On the said issue various High Courts are unanimous and hence the said issue can no longer be said to be res-Integra. The said issue as 5 noticed stands addressed in a catena of judgments of the Hon’ble Delhi High Court. AS an illustration Cheminvest Ltd. (378 ITR 33 (Del); Madras High Court in Marg Ltd. Vs. CIT reported in (2020) 120 taxmann.com 84 (Madras). Similar views have been taken by the Punjab and Haryana High Court, Gujarat High Court to name of few. Thus, in the face of the well settled legal position where the Courts have repeatedly reiterated that the disallowance under Rule 14A r.w.r 8D cannot ex…