← All Phrases

“disallowance under section 14A”

DisallowancesSection 14ASection 14A2,288 judgments

The decision most relied on for disallowance under section 14A is CIT v. Reliance Petroproducts Pvt. Ltd. (322 ITR 158), cited in 2,228 judgments on BharatTax.

Leading authorities on disallowance under section 14A

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

Maxopp Investment Ltd. v. CIT
402 ITR 640 · 2018 · Supreme Court
1,596
citing judgments

Disallowance under Section 14A is not automatic and requires the Assessing Officer to record satisfaction before applying Rule 8D. Only investments yielding exempt income are considered for disallowance, irrespective of their strategic nature.

Cheminvest Ltd. v. CIT
378 ITR 33 · 2015 · High Court
1,569
citing judgments

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

ACIT v. Vireet Investment Pvt. Ltd.
165 ITD 27 · 2017 · ITAT
882
citing judgments

No disallowance under section 14A can be made while computing book profits under section 115JB unless the expenditure is debited to the profit and loss account and satisfies clause (f) of Explanation 1 to section 115JB(2).

Judgments citing disallowance under section 14A

Asstt. CIT (OSD) - CC -7 (3), Mumbai vs. M/S. Macrotech Developers Ltd. (Earlier Known As M/S Lodha Developers Ltd.), Mumbai

In the result the appeal filed by the assessee is allowed for statistical purposes

ITA 68/MUM/2019[2015-16]Status: DisposedITAT Mumbai25 Mar 2022AY 2015-16

Bench: S Shri Rifaur Rahamn & Pavan Kumar Gadaledcit – Cc-7(3) Vs. Macrotech Developers Room No. 655, 6Th Ltd (Successor To Floor, Aayakar Bhavan, Bellissimo Crown Mk Road, Mumbai – Buildmart Pvt Ltd) 400020. (Earlier Known As Lodha Crown Build Mart Ltd) 412, 17-G, Vardhaman Chambers, Cp Road, Horniman Circle Fort, Mumbai – 400001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacl1490J Appellant .. Respondent Macrotech Developers Vs. Dcit – Cc-7(3) Ltd (Successor To Room No. 655, 6Th Bellissimo Crown Floor, Aayakar Bhavan, Buildmart Pvt Ltd) Mk Road, Mumbai – (Earlier Known As 400020. Lodha Crown Build Mart Ltd) 412, 17-G, Vardhaman Chambers, Cp Road, Horniman Circle Fort, Mumbai – 400001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacl1490J Appellant .. Respondent

Section 143(2)Section 14ASection 36(1)(iii)

such decision, the Delhi High Court ruled that when there is no exempt income earned by the assessee, no disallowance under Section 14A of the Act can be made. It is pointed out to us that this Court in Income Tax Appeal No.693 of 2015 in case ... Kothari vs. ACIT ITA number 8706/MUM/2011 followed the coordinate bench in the case of Daga Global Chemical Private Ltd and held that the disallowance under section 14A read with rule 8D cannot exceed the exempt income. While the disallowance made by the AO in accordance with Rule 8D is agreed

ACIT Circle-2 (1)(1), Mumbai vs. M/S Madura Garments Lifestyle Retail Co. Ltd (Now Merged With Aditya Birla Finance Ltd), Mumbai

In the result, the appeal of the Revenue is dismissed whereas the appeal of the assessee is partly allowed for statistical purposes

ITA 96/MUM/2020[2014-15]Status: DisposedITAT Mumbai16 Mar 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Amarjit Singh () Assessment Year: 2014-15 Acit, Circle-2(1)(1), M/S Madura Garments Lifestyle Room No. 561, 5Th Floor, Aayakar Vs. Retail Co. Ltd. (Now Merged With Bhavan, M.K. Road, Aditya Birla Finance Ltd.), Mumbai-400020. 18Th Floor, One Indiabulls Centre, Tower-1, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013. Pan No. Aafcm 0483 M Appellant Respondent Assessment Year: 2014-15 Aditya Birla Finance Ltd., Dy. Cit Circle-2(1)(1), (Successor Of M/S Madura Vs. Room No. 561, 5Th Floor, Aayakar Garments & Lifestyle Retail Bhavan, M.K. Road, Company Ltd.) Mumbai-400020. 18Th Floor, One Indiabulls Centre, Tower-1, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013. Pan No. Aafcm 0483 M Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Jishaan Jain, Ars Revenue By : Mr. S.N. Kabra, Dr Date Of Hearing : 22/02/2022 Date Of Pronouncement : 16/03/2022

For Appellant: Mr. Yogesh Thar &For Respondent: Mr. S.N. Kabra, DR
Section 14ASection 37(1)

those grounds are only considered for adjudication. For ready reference, those grounds are reproduced as under: 1. Erred in retaining the suo-moto disallowance under section 14A carried out by the Appellant out of caution only, amounting to ₹12,97,50,000/- despite the fact that claimed exempt income earned ... ground Nos. 1 to 3 of the appeal of the Revenue and ground No.1 of the appeal of the assessee are related to disallowance under section 14A of the Act read with rule 8D of Income Tax Rules, 1962 (in short ‘the Rules’). 6. We have heard rival submission