CIT v. Taikisha Engineering India Ltd.

370 ITR 338High Court2015#339 most cited

What is CIT v. Taikisha Engineering India Ltd. authority for?

The disallowance under Section 14A of the Income-tax Act, read with Rule 8D, cannot exceed the actual exempt income earned by the assessee in the relevant previous year. If no exempt income is earned, no disallowance under Section 14A can be made.

252

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Taikisha Engineering India Ltd. · Section 14A · Rule 8D · disallowance for exempt income · expenditure relating to exempt income · disallowance limit · exempt income not earned · disallowance cannot exceed exempt income · dividend income · Delhi High Court

Also reported as

229 Taxmann 14354 Taxmann.com 109

Issues it is cited on

Judgments citing CIT v. Taikisha Engineering India Ltd.

ACIT, New Delhi vs. M/S Religare Securities Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessees is allowed for statistical purposes

ITA 574/DEL/2017[2011-12]Status: DisposedITAT Delhi31 Jul 2020AY 2011-12

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Religare Securities Ltd., Vs Dcit, 6Th Floor, Prius Global, Circle-21(1), A-3, 4, 5, Plot No.11, Sector-125, Cr Building, Noida. New Delhi. Pan: Aaacf1952D Assessment Year: 2011-12 Dcit, Vs Religare Securities Ltd., Circle-21(1), . D-3, P-3B, District Centre, Cr Building, Saket, New Delhi. New Delhi. Pan: Aaacf1952D (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate & Ms Tejasvi Jain, Advocate Revenue By : Shri Saras Kumar, Sr. Dr Date Of Hearing : 08.06.2020 Date Of Pronouncement : 31.07.2020 Order Per R.K. Panda, Am: These Are Cross Appeals. The First One Is Filed By The Assessee & The Second One Is Filed By The Revenue & Are Directed Against The Order Dated 11.11.2016 Of The Cit(A)-7, New Delhi, For A.Y. 2011-12. Itas No.230 & 574/Del/2017

For Appellant: Shri Rohit Jain, Advocate &For Respondent: Shri Saras Kumar, Sr. DR
Section 14ASection 37(1)

…cisions including the decision of the Hon’ble Supreme Court in the case of CIT vs. Reliance Industries Ltd., 410 ITR 466 and the decision of the Hon’ble Delhi High Curt in the case of HT Media vs. PCIT, 399 ITR 576 and CIT vs. Taikisha Engineering India Ltd., 370 ITR 338, he submitted that since own funds with the assessee far exceeds the investments which yielded dividend income there is no warrant to make any disallowance out of any interest ITAs No.230 & 574/Del/2017 expenditure. He accordingly submitted that the disallowance made u/s 14A of the Act r.w. Rule 8D of the IT Rules cannot exceed in the worst sce…

M/S. Religare Enterprise Ltd., Noida vs. DCIT, New Delhi

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessees is allowed for statistical purposes

ITA 230/DEL/2017[2011-12]Status: DisposedITAT Delhi31 Jul 2020AY 2011-12

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Religare Securities Ltd., Vs Dcit, 6Th Floor, Prius Global, Circle-21(1), A-3, 4, 5, Plot No.11, Sector-125, Cr Building, Noida. New Delhi. Pan: Aaacf1952D Assessment Year: 2011-12 Dcit, Vs Religare Securities Ltd., Circle-21(1), . D-3, P-3B, District Centre, Cr Building, Saket, New Delhi. New Delhi. Pan: Aaacf1952D (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate & Ms Tejasvi Jain, Advocate Revenue By : Shri Saras Kumar, Sr. Dr Date Of Hearing : 08.06.2020 Date Of Pronouncement : 31.07.2020 Order Per R.K. Panda, Am: These Are Cross Appeals. The First One Is Filed By The Assessee & The Second One Is Filed By The Revenue & Are Directed Against The Order Dated 11.11.2016 Of The Cit(A)-7, New Delhi, For A.Y. 2011-12. Itas No.230 & 574/Del/2017

For Appellant: Shri Rohit Jain, Advocate &For Respondent: Shri Saras Kumar, Sr. DR
Section 14ASection 37(1)

…cisions including the decision of the Hon’ble Supreme Court in the case of CIT vs. Reliance Industries Ltd., 410 ITR 466 and the decision of the Hon’ble Delhi High Curt in the case of HT Media vs. PCIT, 399 ITR 576 and CIT vs. Taikisha Engineering India Ltd., 370 ITR 338, he submitted that since own funds with the assessee far exceeds the investments which yielded dividend income there is no warrant to make any disallowance out of any interest ITAs No.230 & 574/Del/2017 expenditure. He accordingly submitted that the disallowance made u/s 14A of the Act r.w. Rule 8D of the IT Rules cannot exceed in the worst sce…