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 367,514 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

ITO, New Delhi vs. M/S. Incredible Capital Ltd., New Delhi

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

ITA 3315/DEL/2016[2013-14]Status: DisposedITAT Delhi24 Sept 2019AY 2013-14

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2013-14 Ito, Vs Incredible Capital Ltd., Ward-12(2), 8/19, Ground Floor, New Delhi,. Smile Chamber, Wea, Karol Bagh, New Delhi. Pan: Aabci4307C (Appellant) (Respondent) Assessee By : Shri Lalit Mohan, Ca Revenue By : Dr. Vijay Kumar Chadha, Sr. Dr Date Of Hearing : 12.09.2019 Date Of Pronouncement : 24.09.2019 Order Per R.K. Panda, Am: The Appeal Filed By The Revenue Is Directed Against The Order Dated 25Th April, 2016 Of The Cit(A)-4, New Delhi Relating To Assessment Year 2013-14. 2. Deletion Of Addition Of Rs.4,26,82,986/- Made By The U/S 14A Is The Only Issue Raised By The Revenue In The Grounds Of Appeal. [[[[ 3. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Providing Financial Services & Other Allied Activities. It Filed Its Return Of Income On 18Th March, 2014, Declaring Total Income Of Rs.54,21,430/-. During The Assessment Proceedings, The Assessing Officer Noted That The Assessee Company Has Paid Interest Amounting To Rs.4,26,82,986/- Which Included Interest

For Appellant: Shri Lalit Mohan, CAFor Respondent: Dr. Vijay Kumar Chadha, Sr. DR
Section 14A

…ade disallowance of Rs.4,26,82,986/- under the provisions of section 14A of the IT Act. 4. In appeal, the ld.CIT(A), relying on the decisions of the Hon'ble Delhi High Court in the case of CIT vs. Holcim India (P) Ltd., in the case of Cheminvest Ltd. vs. CIT 61 Taxmann.com 118 and various other decisions, deleted the addition on the ground that the assessee has not received any exempt income during the year. Further, he also held that the Assessing Officer has not ascertained the correctness of the claim of the assessee in respect of the expenditure incurred or not incurred in 2 relation to the income which does…