Cheminvest Ltd. v. ITO

121 ITD 318Income Tax Appellate Tribunal2009#228 most cited

What is Cheminvest Ltd. v. ITO authority for?

Disallowance of expenses under Section 14A of the Income Tax Act can be made even when no exempt income has been earned or received by the assessee.

338

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Cheminvest Ltd. v. ITO · Section 14A · disallowance of expenses · exempt income · no exempt income earned · Section 115JB · expenditure for exempt income · ITAT Special Bench · Delhi Tribunal · 121 ITD 318

Issues it is cited on

Judgments citing Cheminvest Ltd. v. ITO

Entertainment Network (India) Ltd, Mumbai vs. Asst CIT RG 11(1), Mumbai

In the result, the appeals of the assessee in ITA No

ITA 852/MUM/2016[2010-11]Status: DisposedITAT Mumbai26 Jun 2019AY 2010-11

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.852/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Entertainment Network Acit 16(1), Room No. 439, 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, 4T H Floor, A Wing, V. Mumbai- 400020 Matulya Centre, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaace7796G आयकर अपीऱ सं./I.T.A. No.812/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Acit 16(1), Room No. 439, Entertainment Network 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, Mumbai 400020 4T H Floor, A Wing, V. Matulya Centre, Senapati Bapat Marg, Lower Parel(West), Mumbai-400013 स्थायी ऱेखा सं./ Pan : Aaace7796G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Respondent: Shri. R. Manjunatha Swamy &
Section 143(3)Section 14A

…with Rule 8D of Income Tax Rule, 1962 It may also be noted that Rule 8D is made applicable for the A. Y. 2008-09 which has also been upheld by the Supreme Court in the case of Godrej & Boyce Manufacturing & Trading Co. Further, in the case of Chemivest Ltd. (121 ITD 318) (SB) (DL) wherein it was held that what one has to see is whether any expenditure were incurred by an assessee in relation to an income that does not form part of total income of the assesses under this Act and if the answer is in affirmative then that expenditure cannot be allowed irrespective of the fact that it was allowable under different p…

ACIT 16(1), Mumbai vs. Entertainment Network (India) Ltd, Mumbai

In the result, the appeals of the assessee in ITA No

ITA 812/MUM/2016[2010-11]Status: DisposedITAT Mumbai26 Jun 2019AY 2010-11

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.852/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Entertainment Network Acit 16(1), Room No. 439, 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, 4T H Floor, A Wing, V. Mumbai- 400020 Matulya Centre, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaace7796G आयकर अपीऱ सं./I.T.A. No.812/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Acit 16(1), Room No. 439, Entertainment Network 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, Mumbai 400020 4T H Floor, A Wing, V. Matulya Centre, Senapati Bapat Marg, Lower Parel(West), Mumbai-400013 स्थायी ऱेखा सं./ Pan : Aaace7796G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Respondent: Shri. R. Manjunatha Swamy &
Section 143(3)Section 14A

…with Rule 8D of Income Tax Rule, 1962 It may also be noted that Rule 8D is made applicable for the A. Y. 2008-09 which has also been upheld by the Supreme Court in the case of Godrej & Boyce Manufacturing & Trading Co. Further, in the case of Chemivest Ltd. (121 ITD 318) (SB) (DL) wherein it was held that what one has to see is whether any expenditure were incurred by an assessee in relation to an income that does not form part of total income of the assesses under this Act and if the answer is in affirmative then that expenditure cannot be allowed irrespective of the fact that it was allowable under different p…

DCIT Cir 6(2)(1), Mumbai vs. City Centre Mall Nashik P.Ltd, Mumbai

In the result, appeals filed by the revenue are hereby ordered to be dismissed

ITA 745/MUM/2018[2013-14]Status: DisposedITAT Mumbai24 Apr 2019AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.745 & 746 /Mum/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15) बिधम/ Acit Cir 6(2)(1) M/S. City Centre Mall Nashik Pvt. Ltd. 5Th R. No. 504, Floor, Vs. Room No.62, Plot No. 8-9, Aayakar Bhavan, M.K. Parekh Mahal, Lady Road, Mumbai-400020. Jamshedji Road, Sakharam Keer Marg, Mahim, Mumbai-400016. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc6422B (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Abi Rama Kartikiyen Assessee By: Shri Rajendra Daga/ Abdul Gani सुनवाई की तारीख / Date Of Hearing: 06.03.2019 घोषणा की तारीख /Date Of Pronouncement: 24/04/019 आदेश / O R D E R Per Amarjit Singh, Jm: The Above Mentioned Appeals Have Been Filed By The Revenue Against The Order Dated 23.11.2017 Passed By The Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013-14 & 2014-15. Ita. No.745/M/2018:- 2. The Revenue Has Filed The Present Appeal Against The Order Dated 23.11.2017 Passed By The Commissioner Of Income Tax (Appeals)-12

For Appellant: Shri Rajendra Daga/ Abdul GaniFor Respondent: Shri Abi Rama Kartikiyen
Section 2Section 24Section 36(1)(iii)

…the assessee. 1 Lakhani Marketing Inc 49 taxmann.com 257 (P & H) 2. M/s Shivam Motors (P) Ltd 55 taxmann.corn 262 ( Allahabad) 3. Corrtech Energy (P.) Ltd. 45 taxmann.com 116 (Gujarat) ITA. No.745/M/2018 & 746/M/2018 A.Y. 2013-14 & 2014-15 4 Cheminvest Ltd 317 ITR 86(Delhi) 17. Hence, having regard to the decisions of the Hon'ble High Courts cited above, it is held that disallowance u/s. 14A is not warranted in the case of the assessee for the present assessment year in the absence of receipt of any tax exempt dividend income from the investments made by it. The A.O. is accordingly directed to delete the disal…