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“disallowance u/s 14A”

DisallowancesSection 14ASection 14A2,938 judgments

The decision most relied on for disallowance u/s 14A is CIT v. Corrtech Energy (P.) Ltd. (223 Taxmann 130), cited in 579 judgments on BharatTax.

Leading authorities on disallowance u/s 14A

CIT v. Corrtech Energy (P.) Ltd.
223 Taxmann 130 · 2014 · High Court
579
citing judgments

Disallowance under Section 14A read with Rule 8D is not warranted if the assessee has not earned any exempt income in the relevant assessment year.

CIT v. Gem Plus Jewellery India Ltd.
330 ITR 175 · 2011 · High Court
207
citing judgments

Disallowances made under various sections, such as for PF/ESIC contributions, result in an increase in business profits, and these enhanced profits are eligible for deduction under Sections 10A and 10AA. Similarly, gains from foreign exchange fluctuations directly linked to export sales are also eligible for deduction under Section 10A.

Cargo Motors (P.) Ltd. v. DCIT
145 Taxmann.com 641 · 2022 · High Court
46
citing judgments

The disallowance under Section 14A read with Rule 8D, particularly Rule 8D(iii) for administrative expenses, should only consider investments that have actually yielded exempt income during the relevant assessment year. Section 14A empowers the Assessing Officer to determine expenditure related to income not forming part of total income.

Sobha Developers Ltd. v. DCIT
125 Taxmann.com 72 · 2021 · High Court
44
citing judgments

Disallowance under section 14A is a notional disallowance and cannot be added back while computing Book Profits under section 115JB for Minimum Alternate Tax purposes.

Tata Industries Ltd. v. ITO
181 TTJ 600 · 2016 · ITAT
29
citing judgments

Disallowance under Section 14A cannot exceed the exempt income earned by the assessee. Even if interest expenditure is considered, it cannot be solely attributed to earning exempt dividend income as investors also consider potential capital gains.

PCIT v. J.J. Glastronics (P.) Ltd.
139 Taxmann.com 375 · 2022 · High Court
28
citing judgments

Additions made under Section 14A of the Income-tax Act, read with Rule 8D, cannot be considered for computing book profit under Section 115JB of the Act.

M/s.Bajaj Allianz General Insurance Co. Ltd. v. ACIT
38 DTR 282 · 2010 · Reported
26
citing judgments

Section 14A of the Income-tax Act is not applicable to insurance businesses governed by specific provisions of Section 44 and Schedule 1. Profit on sale of investments by insurance companies is not taxable, especially after the deletion of sub-rule (b) of Rule 5 of the First Schedule.

PCIT v. Dipesh Lalchand Shah
143 Taxmann.com 419 · 2022 · High Court
18
citing judgments

Disallowance under section 14A cannot be made if the assessee has not earned any exempt income in the relevant assessment year. This applies even if the assessee has made investments in shares or has income from a partnership that is negative.

Judgments citing disallowance u/s 14A

Munjal Auto Industries Limited, Vadodara, Gujarat vs. Deputy Commissioner of Income Tax Circle 2(1)(1), Vadodara, Gujarat

In the result, the appeal of the assessee is allowed for statistical purposes with the direction that the matter is restored to the file of the CIT(A) for adjudication afresh in accordance with law

ITA 271/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad17 Sept 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2018-19 Munjal Auto Industries Ltd. Dcit, Cir.2(1)(1) 187 Gide Estate Vadodara. Waghodia Dist. Vadodara-391 760 Gujarat. Pan: Aaacg 8588 L (Applicant) (Responent) : Ms.Amrin Pathan, Ar Assessee By : Shri Yoeesh Mishra, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 15/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 17/09/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Yoeesh Mishra, Sr.DR
Section 115JSection 143(3)Section 14ASection 234CSection 250Section 251Section 270ASection 80G

passing order without granting opportunity of virtual hearing despite making request in pursuance to clause 12 of Faceless Appeal Scheme, 2021. Disallowance u/s 14A r.w.r 8D 4. The learned CIT(A) erred in fact and in law in confirming the action of the learned Income Tax Officer, National e-Assessment ... learned CIT(A) erred in fact and in law in confirming the action of the learned AO and making disallowance u/s 14A of the Act without appreciating the facts on record in proper perspective. 6. The learned CIT(A) erred in fact and in law in confirming the action

DCIT, Circle- 19(1), Delhi vs. Paramount Propbuild Pvt. Ltd., Delhi

In the result, the appeal of the Revenue is dismissed

ITA 2027/DEL/2025[2017-18]Status: DisposedITAT Delhi10 Sept 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwaldcit, Paramount Propbuild Pvt. Circle-19(1), Ltd. Delhi. Vs. 208, 2Nd Floor, Sikka Mansion, Lsc, Savita Vihar, New Delhi-110092. Pan:Aadcp522P (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv. & Shri Somil Aggarwal, Adv. Department By Shri Pradumna Kumar Singh, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 03.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Commissioner Of Income Tax (Appeals), 29, Delhi In Appeal No. Cit(A), Delhi-7/10457/2019- 20 Dated 24.01.2025 U/S 250 Of The Income Tax Act, 1961 Arising Out Of Order Passed U/S 143(3) Dated 08.04.2021 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Company & E-Filed Its Return Of Income On 21.11.2018 Declaring Total Income At Rs.2,80,29,572/-. The Case Of The Assessee Was Taken Up For Scrutiny & The Assessment Was Completed Wherein Disallowance Of Rs. 3,23,93,370/- Was Made Towards The Interest Paid On Funds Borrowed From Two Entities Namely M/S Sarvottam Securities Pvt. Ltd. & M/S Upaj Leasing Finance Company Ltd. By Holding That The Loan Taken From These Two Companies As Bogus. The Ld. Cit(A) Deleted The Disallowance So Made By Observing That Loans Taken From These Two Companies On Which The Interest Paid Is Disallowed In The Year Under Appeal Was Not Disputed By The Revenue Nor Held As Bogus In The Year When They

Section 143(3)Section 148Section 148ASection 250Section 263

taken during the year or interest paid thereon. Vide said order, additions of only Rs. 2,76,610/- were made on account of disallowance u/s 14A r.w.r. 8D(2)(iii) of the Act. Appellant has strongly contested that no addition was made by AO either on account of bogus loans

Assistant Commissioner of Income Tax, 5(1)(1), Noida vs. Ebixcash Limited, Noida

In the result, the appeal filed by the Revenue is dismissed and by assessee is allowed

ITA 4738/DEL/2024[2018-19]Status: DisposedITAT Delhi10 Sept 2025AY 2018-19

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year-2018-19) M/S Ebix Cash Ltd., Asst. Cit, Plot No.122 & 123, Nsez, Phase- Circle-5(1)(1), Ii, Noida, Vs. Gautambudh Nagar, Gautambudh Nagar-201305 Noida, Uttarparadesh. Uttar Pradesh, India. Pan-Aaace9981H (Appellant) (Respondent) Asst. Cit, M/S Ebix Cash Ltd., Circle-5(1)(1), Plot No.122 & 123, Nsez, Gautambudh Nagar, Vs. Phase-Ii, Noida, Noida, Uttar Paradesh. Gautambudh Nagar-201305 Uttar Pradesh, India. Pan-Aaace9981H (Appellant) (Respondent) Assessee By Shri Lalit Mohan, Ca & Shri Ankit Kumar, Adv. Department By Shrirajesh Kumar Dhanesta,Sr.Dr Date Of Hearing 14/08/2025 Date Of Pronouncement 10/09/2025 Order Per Anubhav Sharma, Jm:

Section 10ASection 115JSection 143(3)Section 144BSection 14ASection 14A(1)Section 250

Godrej & Boyce Manufacturing Company Ltd. vs. DCIT 394 ITR 449 (SC) has held that where the assessee has reserves exceeding investment, no disallowance u/s 14A is permissible. 5.2 At the same time, assessee also deserves to be benefited for the reason that no valid satisfaction for disallowance was recorded ... dated 11.03.2024. 6.1 Even otherwise when assessee has not received any exempt income during the year, there was no question of making any disallowance u/s 14A of the Act even in the normal computation, therefore, the same also cannot be included while computing the books profit u/s 115JB

Ebix Cash Ltd., Noida vs. ACIT Circle-5(1)(1), Gautam Budh Nagar

In the result, the appeal filed by the Revenue is dismissed and by assessee is allowed

ITA 4453/DEL/2024[2018-19]Status: DisposedITAT Delhi10 Sept 2025AY 2018-19

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year-2018-19) M/S Ebix Cash Ltd., Asst. Cit, Plot No.122 & 123, Nsez, Phase- Circle-5(1)(1), Ii, Noida, Vs. Gautambudh Nagar, Gautambudh Nagar-201305 Noida, Uttarparadesh. Uttar Pradesh, India. Pan-Aaace9981H (Appellant) (Respondent) Asst. Cit, M/S Ebix Cash Ltd., Circle-5(1)(1), Plot No.122 & 123, Nsez, Gautambudh Nagar, Vs. Phase-Ii, Noida, Noida, Uttar Paradesh. Gautambudh Nagar-201305 Uttar Pradesh, India. Pan-Aaace9981H (Appellant) (Respondent) Assessee By Shri Lalit Mohan, Ca & Shri Ankit Kumar, Adv. Department By Shrirajesh Kumar Dhanesta,Sr.Dr Date Of Hearing 14/08/2025 Date Of Pronouncement 10/09/2025 Order Per Anubhav Sharma, Jm:

Section 10ASection 115JSection 143(3)Section 144BSection 14ASection 14A(1)Section 250

Godrej & Boyce Manufacturing Company Ltd. vs. DCIT 394 ITR 449 (SC) has held that where the assessee has reserves exceeding investment, no disallowance u/s 14A is permissible. 5.2 At the same time, assessee also deserves to be benefited for the reason that no valid satisfaction for disallowance was recorded ... dated 11.03.2024. 6.1 Even otherwise when assessee has not received any exempt income during the year, there was no question of making any disallowance u/s 14A of the Act even in the normal computation, therefore, the same also cannot be included while computing the books profit u/s 115JB

DCIT, C-V, Ludhiana vs. M/S Hero Cycles Ltd., Ludhiana

In the result, appeal of the Department is dismissed and the appeal of the assessee is allowed

ITA 588/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh08 Sept 2025AY 2012-13

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 588/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 The DCIT C-V, Ludhiana बनाम M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 473/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana बनाम The ACIT C-V, Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P

For Appellant: Shri Ashwani Kumar, Shri Ashish Aggarwal &For Respondent: Shri Manav Bansal, CIT, DR
Section 10(38)Section 143(1)Section 14ASection 36(1)(iii)

were made out of own funds. ii) That there was decrease in the investments as compared to last year. iii) That for making disallowance u/s 14A / Rule 8D if any, only the investment yielding the exempt income were to be considered, iv) That the AO failed to record any satisfaction ... average investments. 28. We have heard the rival submissions and material available on record. This ground of appeal of the assessee against the disallowance u/s 14A is common with the ground of appeal of revenue. The appellant is on the issue of suo-moto disallowance mistakenly made in the return