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“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

DCIT, Circle- 1, Ltu, New Delhi vs. The Oriental Insurance Co. Ltd., New Delhi

In the result, the order passed by the tribunal dated 09

ITA 5834/DEL/2018[2015-16]Status: DisposedITAT Delhi24 Sept 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2015-16 Dcit, Vs The Oriental Insurance Co. Ltd., Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi. New Delhi. Pan: Aaact0627R (Appellant) (Respondent) Assessee By : Shri Tarandeep Singh, Ca & Shri Pulkit Verma, Advocate Revenue By : Shri H.K. Chaudhary, Cit, Dr Date Of Hearing : 20.09.2021 Date Of Pronouncement : 24.09.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29Th June, 2018 Of The Cit(A)-22, New Delhi Relating To Assessment Year 2015-16. 2. Ground Of Appeal No.1 Raised By The Revenue Reads As Under:- “1. On The Facts & The Circumstances Of The Case & In Law, Ld. Cit (A) Has Erred In Deleting The Addition Of Rs.25,85,81,755/- Made By The Ao U/S 14A Of The I.T. Act.” 3. Facts Of The Case, In Brief, Are That The Assessee Is A Public Sector Undertaking Of Government Of India & Is In The Business Of Non-Life Insurance. It Filed Its Return Of Income Declaring Total Income Under Normal Provisions Of The Income-Tax Act At A Loss Of Rs.186,97,30,289/- & Book Profit U/S 115Jb I.E., Mat Scheme Of Rs.565,63,58,876/-. During The Course Of Assessment Proceedings, The Ao Noted That The Assessee Has Claimed The Following Income As Exempt:- S. No. Particulars Amount ( □) 1. Interest On Tax Free Public Sector Bonds Exempt Under 4,59,58,525/- Section 10 (15) (Iv) (H) Of The Act 2,04,22,38,227/- 2. Dividend Exempt U/S 10(34) Of The Income Tax Act, 1961 Total 2,08,81,96,752/-

For Appellant: Shri Tarandeep Singh, CA &For Respondent: Shri H.K. Chaudhary, CIT, DR
Section 10Section 10(34)Section 115JSection 14ASection 44

added back disallowance u/s 14A in the computation of total income, the AO asked the assessee to explain as to why disallowance under section 14A r.w. Rule 8D should not be made. Rejecting the various explanations given by the assessee and relying on various decisions, the AO worked ... this Section. Therefore, any expenditure relatable to earning of income exempt under Section 10(2A) and Section 10(35) of the Act is disallowed under Section 14A of the Act and is added back to book profit under clause (f) of Section 115JB of the Act, the same would amount