← 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

Macrotech Developers Limited (Mdl), Mumbai vs. Deputy Commissioner of Income Tax Central Circle 7(3), Mumbai

In the result, the sole ground of appeal raised by

ITA 1272/MUM/2025[2013-14]Status: DisposedITAT Mumbai21 Jul 2025AY 2013-14

Bench: Shri Pawan Singh & Shri Prabhash Shankar(Physical Hearing) Macrotech Developers Limited (Mdl) Dcit, Central Range – 7(3), Room No. 655, 6Th Floor, 412, Floor-4, 17G Vardhaman Chamber, Vs Cawasji Patel Road, Horniman Circle, Aayakar Bhavan, Maharshi Fort, Mumbai – 400001. Karve Road, Mumbai-400020. [Pan No. Aaacl1490J] Appellant / Assessee Respondent / Revenue (Physical Hearing) Acit – Cc – 7(3), Mumbai Macrotech Developers Private Limited Room No. 655, 6Th Floor, Vs 412, Floor-4, 17G Vardhaman Chamber, Aayakar Bhavan, Maharshi Cawasji Patel Road, Horniman Circle, Fort, Karve Road, Mumbai-400020. Mumbai – 400020. [Pan No. Aaacl1490J] Appellant / Assessee Respondent / Revenue

Section 254(1)Section 36(1)(iii)Section 36(1)(vii)Section 36(2)Section 43B

result, ground no. 6 and 7 of appeal are dismissed. 18. Ground no. 8 & 9 in revenue’s appeal relates to disallowance under section 14A. The ld. AR of the assessee submits that this ground of appeal is also covered in favour of the assessee in assessee’s own case ... additional disallowance of Rs. 15.84 crore. The ld. AR of the assessee submits that now it is settled position in law that disallowance under section 14A cannot exceed the exempt income. The ld. CIT(A) allowed relief to the assessee by following the decision of Tribunal in assessee