South Indian Bank Ltd. v. CIT

438 ITR 1Supreme Court of India2021#132 most cited

What is South Indian Bank Ltd. v. CIT authority for?

The mixed fund theory is affirmed, holding that no disallowance of interest expenditure under Section 14A can be made if the assessee possesses sufficient non-interest bearing funds, such as capital and reserves, to cover investments made in tax-free securities.

508

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

South Indian Bank Ltd. v. CIT · South Indian Bank · 438 ITR 1 · Section 14A · disallowance of interest expenditure · mixed fund theory · non-interest bearing funds · tax-free investments · exempt income · Section 8D · expenditure relating to exempt income

Also reported as

130 Taxmann.com 178283 Taxmann 17810 SCC 153228 CTR 440

Issues it is cited on

Judgments citing South Indian Bank Ltd. v. CIT

Acme Chem Ltd, Kolkata vs. DCIT, Cir. 10(1), Kolkata

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

ITA 393/KOL/2021[2014-15]Status: HeardITAT Kolkata02 Mar 2022AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.393/Kol/2021 Assessment Year: 2014-15 Acme Chem Ltd...........................................………….………………….……Appellant 9A Saket Apartment, 2 Ho Chi Minh Saranai, Kolkata - 700071. [Pan:Aacca3931B] Vs. Dcit, Circle-10(1), Kolkata..…….…..…...............……........……...…..…..Respondent Appearances By: Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 22, 2022 Date Of Pronouncing The Order : March 02, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 17.08.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Sole Issue Raised In This Appeal Is Regarding The Validity Of The Disallowance Made/Confirmed By The Lower Authorities U/S 14A R.W. Rule 8D(2)(Ii) & 8D(2)(Iii) Of The I.T Rules On Account Of Expenditure Incurred For Earning Of Tax Exempt Income. 3. So Far As The Disallowance U/S 14A Of The Act R.W. Rule 8D(2)(Ii) Of The I.T. Rules Is Concerned, The Ld. Counsel For The Assessee Has Submitted That The Assessee Had Sufficient Owned Funds To Meet The Investments. He, In This Respect, Has Relied Upon The Balance Sheet Of The Assessee For The Year Under Consideration To Submit That The Assessee Had Share Capital Of Rs.5.86 Crores & Reserve & Surplus Of Rs.77.91 Crores As On 31.03.2013 & These Were Share Capital Of Rs.5.86 Crores & Reserve & Surplus Of Rs.81.93 Crores As On 31.03.2014. He Has Further Invited Our Attention To The Details Of

Section 14ASection 250

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” (Virtual Court Hearing) BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member I.T.A. No.393/Kol/2021 Assessment Year: 2014-15 Acme Chem Ltd...........................................………….………………….……Appellant 9A Saket Apartment, 2 Ho Chi Minh Saranai, Kolkata - 700071. [PAN:AACCA3931B] vs. DCIT, Circle-10(1), Kolkata..…….…..…...............……........……...…..…..Respondent Appearances by: Shri Akkal Dudhwewala, FCA, appeared on behalf of the appellant. Smt. Ranu Biswas, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concl…