HDFC Bank Ltd. v. DCIT

383 ITR 529High Court2016#178 most cited

What is HDFC Bank Ltd. v. DCIT authority for?

Where an assessee has sufficient interest-free funds, investments yielding exempt income are presumed to be made out of such funds, precluding disallowance of related interest expenditure under section 14A.

408

judgments rely on this decision, according to BharatTax’s citation analysis of 368,149 Indian tax judgments — from 2016 to 2026.

Also referred to as

HDFC Bank Ltd. v. DCIT · section 14A · disallowance of interest expenditure · exempt income · interest free funds · Rule 8D · own funds · corporate guarantee · investment

Issues it is cited on

Judgments citing HDFC Bank Ltd. v. DCIT

Deputy Commissioner of Income Tax, Pune vs. Vascon Engineers Limited, Pune

In the result, Appeal of the Revenue is Dismissed

ITA 1105/PUN/2025[2013-14]Status: DisposedITAT Pune27 Jan 2026AY 2013-14

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1105/Pun/2025 निर्धारण वषा / Assessment Years: 2013-14 Deputy Commissioner Vs. Vascon Engineers Limited, Of Income Tax, Pune. Vascon Weikfileld Chamber, Opposite Hyatt Hotel, Nagar Road, Pune – 411014. Pan: Aaacv1249F Appellant/ Revenue Respondent /Assessee Assessee By Shri Ajit Tolani & Darpan Kriplani Revenue By Smt. Indira R. Adakil – Addl.Cit(Dr) Date Of Hearing 02/12/2025 Date Of Pronouncement 27/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 05.02.2025Emanating From The Assessment Order Under Section 143(3) R.W.S 144C(3/4) Of The Act, 1961 Dated 23.01.2017 For The A.Y.2013-14. The Revenue Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 14ASection 14A(2)Section 250Section 36(1)(u)

…pellant during the year. It therefore emanates from the submissions that the investments made by the Appellant stands covered by it sown funds. Further, placing reliance on the judgement of Hon'ble Bombay High Court in the case of HDFC Bank Ltd vs DCIT (2016) 383 ITR 529 3 ITA No.1105/PUN/2025 [D] (Bom), following its own earlier judgement in Reliance Utilities & Power Ltd (2009)178 Taxmann 135, wherein the court held that Investments on which interest free income is earned should be presumed to have been made out of interest-free funds if both interest- free and interest-bearing funds are available. Considerin…

Tata Communications Limited, Mumbai vs. Principle Commissioner of Income Tax, Mumbai

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

ITA 3515/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

For Appellant: Shri J. D. MistriFor Respondent: Shri Ritesh Misra, CIT DR
Section 112Section 143(3)Section 263Section 50

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER Tata Communications Limited Pr. CIT, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 PAN/GIR No. AAACV 2808 C (Appellant) : (Respondent) Appellant by : Shri J. D. Mistri Respondent by : Shri Ritesh Misra, CIT DR Date of Hearing : 25.09.2025 Date of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey, Vice President: The present appeal, at the instance of the assessee, assails order dated 21.03.2025, passed u/s. 263 of the Income Tax Act, 1961 (‘the Act’ fo…

Unimed Technologies Limited, Panchmahal vs. The ACIT, Circle-2(1)(1), Vadodara

ITA 623/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad24 Jul 2025AY 2016-17

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2016-17 Unimed Technologies Limited Acit, Cir.2(1)(1) Survey No.22 & 22, Vs. Vadodara. Baska, Ujeti Halol Panchmahal Pan : Aaace 4022 B Asstt.Year : 2016-17 Acit, Cir.2(1)(1) Unimed Technologies Limited Vadodara. Vs. Survey No.22 & 22, Baska, Ujeti Halol Panchmahal Pan : Aaace 4022 B (Applicant) (Responent) : Shri Bandish Soparkar, Ar Assessee By : Shri Sher Singh, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 17/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 24/07/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Sher Singh, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 234BSection 250Section 271(1)(b)Section 271(1)(c)Section 36(1)(iii)Section 37(1)

…, reliance was placed on the judgment of the Hon’ble Bombay High Court in CIT v. Reliance Utilities and Power Ltd. [(2009) 313 ITR 340 (Bom)], as well as several subsequent decisions affirming the same legal principle, including HDFC Bank Ltd. v. DCIT [(2016) 383 ITR 529 (Bom)] and PCIT v. Midday Multimedia Ltd. [(2018) 89 taxmann.com 184 (Bom)]. The CIT(A) also took note of the decisions of various coordinate benches of the Tribunal and observed that in view of the adequacy of own funds and the absence of any direct nexus, the disallowance under section 36(1)(iii) was not justified. Accordingly, the disallowance…