CIT v. Corrtech Energy (P.) Ltd.

223 Taxmann 130High Court2014#106 most cited

What is CIT v. Corrtech Energy (P.) Ltd. authority for?

Disallowance under Section 14A read with Rule 8D is not warranted if the assessee has not earned any exempt income in the relevant assessment year.

579

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2014 to 2026.

Also referred to as

CIT v. Corrtech Energy (P.) Ltd. · 372 ITR 97 · Section 14A · Rule 8D · disallowance u/s 14A · no exempt income · exempt income not earned · expenses against exempt income · Gujarat High Court Section 14A · disallowance without exempt income

Also reported as

372 ITR 9745 Taxmann.com 116272 CTR 262

Issues it is cited on

Judgments citing CIT v. Corrtech Energy (P.) Ltd.

Uniliver Industries P. Ltd, Mumbai vs. DCIT RG 1(3)(2), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1755/MUM/2017[2012-13]Status: DisposedITAT Mumbai09 Jan 2024AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T (Tp) A. No.1755/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2012-13) Unilever Industries Pvt. Ltd. बिधम/ Dcit, Range-1(3)(2) Unilever House, B. D. Mumbai. Vs. Sawant Marg, Chakala, Andheri (E), Mumbai- 400099. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacu0791P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nishant Thakkar/Ms Jasmin Amalsadwala Revenue By: Shri Manoj Kumar (Dr) सुनवाई की तारीख / Date Of Hearing: 21/12/2023 घोषणा की तारीख /Date Of Pronouncement: 09/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Assessing Officer (Ao) Dated 10.01.2017 Passed U/S 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Nishant Thakkar/Ms JasminFor Respondent: Shri Manoj Kumar (DR)
Section 143(3)Section 14A

…n law. Since no such exercise has been undertaken by the assessing authority, the case calls for a remand." 9. Similar view was held by the Hon’ble Gujarat High Court in the case of Commissioner of Income Tax-1 Vs. Corrtech Energy (P) Ltd. reported in (2015) 372 ITR 97 wherein Hon’ble High Court observed as under: - “4. Counsel for the Revenue submitted that the Assessing Officer as well as CIT (Appeals) had applied formula of rule 8D of the Income Tax Rules, since this case arose after the assessment year 2009-2010. Since in the present case, we are concerned with the assessment year 2009-2010, such formula was…