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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

DCIT, Circle-15(1)(2), Mumbai, Aayakar Bhavan, Churchgarte vs. Hrel Real Estate Ltd, Hincon House, Vikhroli West

In the result, all the three appeals of the Revenue as well as In the result, all the three appeals of the Revenue as well as cross-objection of the assessee are dismissed

ITA 1531/MUM/2024[2012]Status: DisposedITAT Mumbai20 Dec 2024

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Biswanath Das, CIT-DRFor Respondent: Ms. Priyanka Jain

ground No. 2 The ground No. 2 and 3 of the appeal of the Revenue relate he appeal of the Revenue relate to disallowance u/s 14A r.w.r. 8D disallowance u/s 14A r.w.r. 8D of the Income-tax Rules, 1962. T tax Rules, 1962. The Assessing Officer observed that assessee ... that disallowance v. HSBC Invest Direct India Ltd. (supra) has held that disallowance v. HSBC Invest Direct India Ltd. (supra) has held that disallowance u/s 14A of the Act r.w.r. 8D of the Rules cannot exceed the u/s 14A of the Act r.w.r. 8D of the Rules cannot e u/s

Kiri Industries Limited, Ahmedabad vs. The Dy.CIT, Circle-2(1)(1), Ahmedabad

In the result, appeal of the assessee is partly allowed

ITA 1513/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad19 Dec 2024AY 2018-19

Bench: Dr.Brr Kumarshri Tr Senthil Kumar

For Appellant: Shri Tushar Hemani, Sr. Advocate with Shri Parimalsinh B Parmar, ARFor Respondent: Shri Rignesh Das, Sr. DR
Section 14ASection 234ASection 270ASection 36(1)(iii)Section 36(1)(va)Section 40

view of the case law cited supra, the argument of the assessee that in the case of investment made in the subsidiary company, disallowance u/s 14A should not be made cannot be accepted. The relevant portion of the judgement is reproduced as under- "34) Having clarified the aforesaid position

Air India Limited, Mumbai vs. ACIT Circle 5(1)(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 5632/MUM/2024[2017-18]Status: DisposedITAT Mumbai18 Dec 2024AY 2017-18

Bench: Shri.Narendra Kumar Billaiya & Shri Anikesh Banerjee

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Ram Krishn Kedia (SR DR)
Section 143(3)Section 14ASection 250

placed that the Ld.AO had calculated in different mode of calculation, which is as below:- “5.5 In view of the above, disallowance u/s 14A read with Rule BD ought to be made in this case. The constitutional validity of Rule 8D has been upheld by the Hon'ble Bombay High ... been observed by the Hon'ble High Court that once the satisfaction is accorded by the assessing officer for making a disallowance u/s 14A then the procedure for computing disallowance is to be followed as per Rule 5 Air India Ltd 8D. Accordingly, in this case the disallowance u/s 14A

The DCIT, Circle-1(1)(1), Vadodara vs. Gujarat State Fertilizer & Chemical Ltd, Vadodara

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

ITA 538/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad17 Dec 2024AY 2016-17

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

For Appellant: Shri Manish J. Shah, Shri Jimi Patel and Shri Rushin Patel, ARsFor Respondent: Shri Durga Dutt, CIT (DR) &
Section 115Section 115JSection 143(3)Section 144(2)Section 14ASection 35Section 80GSection 8D(2)(ii)

circumstances of the case and in law, the ld. CIT(A) was justified in holding that adjustment made on account of disallowance u/s 14A of the Act in computation of Book Profit u/s 115 JB of the Act is not as per law without appreciating that the amount disallowable under ... Heard both the parties and perused the material available on record. ITA No. 348/Ahd/2020 – Assessee’s appeal Disallowance u/s 14A : 8. On going through the record, we find that in respect of disallowance of interest expenditure under Section 14A read with Rule 8D, the Hon’ble Gujarat High Court

Gujarat State Fertilisers and Chemicals Ltd., Vadodara vs. The ACIT Circle-1(1)1(), Vadodara

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

ITA 348/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad17 Dec 2024AY 2016-17

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

For Appellant: Shri Manish J. Shah, Shri Jimi Patel and Shri Rushin Patel, ARsFor Respondent: Shri Durga Dutt, CIT (DR) &
Section 115Section 115JSection 143(3)Section 144(2)Section 14ASection 35Section 80GSection 8D(2)(ii)

circumstances of the case and in law, the ld. CIT(A) was justified in holding that adjustment made on account of disallowance u/s 14A of the Act in computation of Book Profit u/s 115 JB of the Act is not as per law without appreciating that the amount disallowable under ... Heard both the parties and perused the material available on record. ITA No. 348/Ahd/2020 – Assessee’s appeal Disallowance u/s 14A : 8. On going through the record, we find that in respect of disallowance of interest expenditure under Section 14A read with Rule 8D, the Hon’ble Gujarat High Court

ACIT Circle 8(3)(1), Mumbai vs. Ganjam Trading Co. Pvt. Ltd., Mumbai

In the result, the appeal of the Revenue is dismissed and the Cross

ITA 458/MUM/2024[2018-19]Status: DisposedITAT Mumbai17 Dec 2024AY 2018-19

Bench: Shri B.R. Baskaran & Shri Raj Kumar Chauhan: A.Y. : 2018-19 C.O. No. 99/Mum/2024 : A.Y. : 2018-19 (Arising Out Of Ita No. 458/M/24)

For Appellant: Shri Madhur Agrawal, Advocate &For Respondent: Dr. Kishor Dhule, CIT-DR
Section 115JSection 14ASection 2Section 32

during the year under consideration. The assessee computed disallowance @ 1% of average value of investments that yielded exempt income and the amount disallowable u/s 14A was computed at Rs.87,74,818/- by the assessee. The AO did not accept the computation made by the assessee. He took the view that ... Rs.8,25,42,708/- and after reducing the disallowance already made by the assessee, the AO enhanced the disallowance u/s 14A by Rs.7,37,67,890/-. 13 C.O.No. 99/Mum/2024 13. Before the Ld.CIT(A), the assessee advanced following arguments with regard to the interest disallowance made

Sbpl Infrastructure Limited, Hyderabad vs. DCIT., Circle-3(1), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purpose

ITA 685/HYD/2024[2014-15]Status: DisposedITAT Hyderabad16 Dec 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.685/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15) Sbpl Infrastructure Vs. Deputy Commissioner Limited Of Income Tax Hyderabad Circle-3(1) [Pan : Aaccs9014M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Sashank Dundu, Ar रधजस् व द्वधरध/Revenue By: Shri M.Vijay Kumar,Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 04/12/2024 घोर्णध की तधरीख/Date Of 16/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Dated 13.02.2024 & Pertains To A.Y.2014-15. 2. This Appeal Filed By The Assessee Is Time Barred By 94 Days. The Assessee Filed A Petition For Condonation Of Delay & Submitted That Shri Manoj Sharma, Chief Financial Officer Of The Appellant Company, Who Was Entrusted With The Job Of Looking

For Appellant: Shri Sashank Dundu, ARFor Respondent: Shri M.Vijay Kumar,CIT-DR
Section 14A

Income tax Act, 1961 (“the Act”) on 06.12.2016 and determined total income at Rs.7,85,92,884, by making various additions, including disallowance u/s 14A of the Act for Rs.2,30,96,970/- and disallowance of donations and TDS on interest etc. 5 6. Being aggrieved by the assessment order ... assessee preferred an appeal before the Ld.CIT(A) and challenged the additions made by the Assessing Officer towards disallowance u/s 14A of the Act. The assessee had also challenged the computation of total income by the Assessing Officer by adopting net profit as per Profit & Loss Account for Rs.5

Rahul Saraf (HUF), Kolkata vs. A.C.I.T., Circle - 40, Kolkata

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

ITA 1661/KOL/2024[2018-2019]Status: DisposedITAT Kolkata16 Dec 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Acit, Circle-40 Rahul Saraf (Huf) Income Tax Office, 3, 4/1, Red Cross Place, Kolkata- Government Place (West), Vs. 700001, West Bengal Kolkata-700001, West Bengal (Appellant) (Respondent) Pan No. Aadhr2300F Dcit, 5Th Floor, Room No.516, Rahul Saraf Aaykar Bhavan Poorva, 33, Hungerford Street, Kolkata- Vs. 700017, West Bengal 110, Shantipally, Kolkata-700107 West Bengal (Appellant) (Respondent) Pan No. Akops6728D Assessee By : Shri Somitra Choudhury & Shri Pranabash Sarkar, Ars Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 10.12.2024 Date Of Pronouncement : 16.12.2024

For Appellant: Shri Somitra Choudhury &For Respondent: Shri Raja Sengupta, DR
Section 132(1)Section 14ASection 24ASection 54Section 8D

issue raised by the assessee (i) is for allowing deduction u/s 24A and 24B aggregating to ₹95,75,028/- and (ii), restricting the disallowance u/s 14A read with section 8D of the Rules to the actual amount of dividend income earned during the year. The ld. AR relied ... light of decision in the case of J.B. Patel & Co. Vs. DCIT (supra) and so far as the second issue is concerned, disallowance u/s 14A has to be confined to the amount of exempt income earned during the year. With these observations, we restore the issue back to the file

Deputy Commissioner of Income Tax, Kolkata vs. Rahul Saraf, Kolkata, West Bengal

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

ITA 1238/KOL/2024[2012-13]Status: DisposedITAT Kolkata16 Dec 2024AY 2012-13

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Acit, Circle-40 Rahul Saraf (Huf) Income Tax Office, 3, 4/1, Red Cross Place, Kolkata- Government Place (West), Vs. 700001, West Bengal Kolkata-700001, West Bengal (Appellant) (Respondent) Pan No. Aadhr2300F Dcit, 5Th Floor, Room No.516, Rahul Saraf Aaykar Bhavan Poorva, 33, Hungerford Street, Kolkata- Vs. 700017, West Bengal 110, Shantipally, Kolkata-700107 West Bengal (Appellant) (Respondent) Pan No. Akops6728D Assessee By : Shri Somitra Choudhury & Shri Pranabash Sarkar, Ars Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 10.12.2024 Date Of Pronouncement : 16.12.2024

For Appellant: Shri Somitra Choudhury &For Respondent: Shri Raja Sengupta, DR
Section 132(1)Section 14ASection 24ASection 54Section 8D

issue raised by the assessee (i) is for allowing deduction u/s 24A and 24B aggregating to ₹95,75,028/- and (ii), restricting the disallowance u/s 14A read with section 8D of the Rules to the actual amount of dividend income earned during the year. The ld. AR relied ... light of decision in the case of J.B. Patel & Co. Vs. DCIT (supra) and so far as the second issue is concerned, disallowance u/s 14A has to be confined to the amount of exempt income earned during the year. With these observations, we restore the issue back to the file

Abhaykumar Sevantilal Sanghavi, Deesa vs. The ACIT, Circle- Palanpur, Palanpur

Accordingly, these grounds are dismissed as infructuous

ITA 1368/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

Date of AO Order 30/12/2018 18/12/2019 Section under which AO Order Passed 143(3) 143(3) Disallowance u/s 14A Rs. 14,042/- Not applicable Proportionate Interest Disallowance Rs. 38,36,692/- Rs. 44,06,456/- Unexplained Cash Credits (Sec. 68) Rs. 16,50,000/- Rs. 12,50,000/- Disallowance ... course of hearing before us, the Authorized Representative (AR) of the assessee did not press for the Ground No. 1 relating to disallowance u/s 14A of the Act in ITA No. 1367/Ahd/2024 for the A.Y. 2016-17 and, hence, the same is not adjudicated. ITA Nos.1367/Ahd/2024 & 1368/Ahd/2024 Abhaykumar Sevantilal Sanghavi

Abhaykumar Sevantilal Sanghavi, Deesa vs. Old Jurisdiction- Circle, Palanpur New Jurisdiction-Circle, Gandhinagar

Accordingly, these grounds are dismissed as infructuous

ITA 1367/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

Date of AO Order 30/12/2018 18/12/2019 Section under which AO Order Passed 143(3) 143(3) Disallowance u/s 14A Rs. 14,042/- Not applicable Proportionate Interest Disallowance Rs. 38,36,692/- Rs. 44,06,456/- Unexplained Cash Credits (Sec. 68) Rs. 16,50,000/- Rs. 12,50,000/- Disallowance ... course of hearing before us, the Authorized Representative (AR) of the assessee did not press for the Ground No. 1 relating to disallowance u/s 14A of the Act in ITA No. 1367/Ahd/2024 for the A.Y. 2016-17 and, hence, the same is not adjudicated. ITA Nos.1367/Ahd/2024 & 1368/Ahd/2024 Abhaykumar Sevantilal Sanghavi

Rallis India Limited, Mumbai vs. The Asstt. Commissioner of Income Tax Circle 8(1)(1), Mumbai

ITA 4210/MUM/2024[2020-21]Status: DisposedITAT Mumbai13 Dec 2024AY 2020-21

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Ble

For Appellant: Shri M.M. Golwala, A/RFor Respondent: Shri Pankaj Kumar, CIT, D/R
Section 115JSection 143(3)Section 14ASection 35

read with Rule 8D(2). 6. The Appellant submits that the Assessing Officer recorded no "objective satisfaction" while making an addition to the disallowance u/s 14A already made by the Appellant in its Return of Income. 7. Without prejudice to ground nos. 5 & 6, the Appellant submits that disallowance ... disallowance made u/s 14A. The Applicant submits that the Assessing Officer be directed to delete the addition to Book-Profit in respect of disallowance u/s 14A. 11. Both lower authorities erred in disallowing the weighted deduction for revenue scientific expenditure by way of expenditure incurred for scientific research on approved

DCIT(CC)-8(3), Mumbai vs. 63 Moons Technologies Limited, Mumbai

Accordingly, claim of deduction was not allowed

ITA 3178/MUM/2024[2007-08]Status: DisposedITAT Mumbai11 Dec 2024AY 2007-08

Bench: Shri Saktijit Dey, Hon’Ble & Shri Amarjit Singh, Hon’Bleita No. 3175/Mum/2024 (A.Y. 2008-09) Dcit (Cc)-8(3), Mumbai 63 Moons Technologies Limited Cts No. 256-257, F.T. Tower, Vs Suren Road, Chakala, Andheri, Mumbai-400093. Pan: Aaacf 5737 C (Appellant) (Respondent)

For Appellant: Shri Sukhsagar SyalFor Respondent: Smt. Sanyogita Nagpal, CIT/DR
Section 132Section 14ASection 153ASection 40

facts and under the circumstances of the case and in Law, the Hon'ble ITAT, Mumbai has erred in deleting the disallowance u/s 14A of the Income Tax Act, 1961 thereby overlooking the computational procedure laid down in Rule 8D of the IT Rules, 1962 which has to be necessarily ... followed whenever a disallowance u/s 14A was to be made?" 6. Whether on the facts and under the circumstances of the case and in Law, the Hon'ble ITAT, Mumbai has erred in deleting the disallowance u/s 14A of the Income Tax Act, 1961 from total income on the ground

DCIT (CC)-8(3), Mumbai vs. 63 Moons Technologies Ltd Q, Mumbai

Accordingly, claim of deduction was not allowed

ITA 3175/MUM/2024[2008-09]Status: DisposedITAT Mumbai11 Dec 2024AY 2008-09

Bench: Shri Saktijit Dey, Hon’Ble & Shri Amarjit Singh, Hon’Bleita No. 3175/Mum/2024 (A.Y. 2008-09) Dcit (Cc)-8(3), Mumbai 63 Moons Technologies Limited Cts No. 256-257, F.T. Tower, Vs Suren Road, Chakala, Andheri, Mumbai-400093. Pan: Aaacf 5737 C (Appellant) (Respondent)

For Appellant: Shri Sukhsagar SyalFor Respondent: Smt. Sanyogita Nagpal, CIT/DR
Section 132Section 14ASection 153ASection 40

facts and under the circumstances of the case and in Law, the Hon'ble ITAT, Mumbai has erred in deleting the disallowance u/s 14A of the Income Tax Act, 1961 thereby overlooking the computational procedure laid down in Rule 8D of the IT Rules, 1962 which has to be necessarily ... followed whenever a disallowance u/s 14A was to be made?" 6. Whether on the facts and under the circumstances of the case and in Law, the Hon'ble ITAT, Mumbai has erred in deleting the disallowance u/s 14A of the Income Tax Act, 1961 from total income on the ground

ACIT, Circle-6(1), New Delhi vs. Chl Limited, New Delhi

In the result, appeals of the Assessee in ITA Nos

ITA 9298/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Dec 2024AY 2015-16

Bench: Before Shri Shamim Yahya & Shri Yogesh Kumar U.S.Ita No. 8777 To 8780 /Del/2019 (A.Y 2013-14 To 2016-17) Chl Limited Acit The Hotel Surya New Circle-6(1) Friends Colony, Vs. New Delhi New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Acit Chl Limited Circle-6(1) The Hotel Surya New New Delhi Vs. Friends Colony, New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Appellant By Sh. Satish Khosla, Adv, Sh. Manish Malik, Adv & Sh. Pankaj Jain, Ar Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 06/11/2024 Date Of Pronouncement 10/12/2024

Section 14ASection 36(1)(iii)

facts and in the circumstances of the case, the Ld. CIT (A) was right in law in restricting the addition on disallowance u/s 14A r.w.r. 8D to Rs.897/- against the addition made by the AO for Rs. 1,96,25,820/- by ignoring the fact that under rule ... amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. Disallowance u/s 14A of the Income Tax Act, 1961 (‘Act’ for short). 3. The Grounds of Appeal No. 1(a) and 1(b) of the Assessee’s Appealfor

Chl Limited, New Delhi vs. ACIT, Circle-6(1), New Delhi

In the result, appeals of the Assessee in ITA Nos

ITA 8780/DEL/2019[2016-17]Status: DisposedITAT Delhi10 Dec 2024AY 2016-17

Bench: Before Shri Shamim Yahya & Shri Yogesh Kumar U.S.Ita No. 8777 To 8780 /Del/2019 (A.Y 2013-14 To 2016-17) Chl Limited Acit The Hotel Surya New Circle-6(1) Friends Colony, Vs. New Delhi New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Acit Chl Limited Circle-6(1) The Hotel Surya New New Delhi Vs. Friends Colony, New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Appellant By Sh. Satish Khosla, Adv, Sh. Manish Malik, Adv & Sh. Pankaj Jain, Ar Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 06/11/2024 Date Of Pronouncement 10/12/2024

Section 14ASection 36(1)(iii)

facts and in the circumstances of the case, the Ld. CIT (A) was right in law in restricting the addition on disallowance u/s 14A r.w.r. 8D to Rs.897/- against the addition made by the AO for Rs. 1,96,25,820/- by ignoring the fact that under rule ... amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. Disallowance u/s 14A of the Income Tax Act, 1961 (‘Act’ for short). 3. The Grounds of Appeal No. 1(a) and 1(b) of the Assessee’s Appealfor

Chl Limited, New Delhi vs. ACIT, Circle-6(1), New Delhi

In the result, appeals of the Assessee in ITA Nos

ITA 8779/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Dec 2024AY 2015-16

Bench: Before Shri Shamim Yahya & Shri Yogesh Kumar U.S.Ita No. 8777 To 8780 /Del/2019 (A.Y 2013-14 To 2016-17) Chl Limited Acit The Hotel Surya New Circle-6(1) Friends Colony, Vs. New Delhi New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Acit Chl Limited Circle-6(1) The Hotel Surya New New Delhi Vs. Friends Colony, New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Appellant By Sh. Satish Khosla, Adv, Sh. Manish Malik, Adv & Sh. Pankaj Jain, Ar Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 06/11/2024 Date Of Pronouncement 10/12/2024

Section 14ASection 36(1)(iii)

facts and in the circumstances of the case, the Ld. CIT (A) was right in law in restricting the addition on disallowance u/s 14A r.w.r. 8D to Rs.897/- against the addition made by the AO for Rs. 1,96,25,820/- by ignoring the fact that under rule ... amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. Disallowance u/s 14A of the Income Tax Act, 1961 (‘Act’ for short). 3. The Grounds of Appeal No. 1(a) and 1(b) of the Assessee’s Appealfor

Chl Limited, New Delhi vs. ACIT, Circle-6(1), New Delhi

In the result, appeals of the Assessee in ITA Nos

ITA 8778/DEL/2019[2014-15]Status: DisposedITAT Delhi10 Dec 2024AY 2014-15

Bench: Before Shri Shamim Yahya & Shri Yogesh Kumar U.S.Ita No. 8777 To 8780 /Del/2019 (A.Y 2013-14 To 2016-17) Chl Limited Acit The Hotel Surya New Circle-6(1) Friends Colony, Vs. New Delhi New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Acit Chl Limited Circle-6(1) The Hotel Surya New New Delhi Vs. Friends Colony, New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Appellant By Sh. Satish Khosla, Adv, Sh. Manish Malik, Adv & Sh. Pankaj Jain, Ar Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 06/11/2024 Date Of Pronouncement 10/12/2024

Section 14ASection 36(1)(iii)

facts and in the circumstances of the case, the Ld. CIT (A) was right in law in restricting the addition on disallowance u/s 14A r.w.r. 8D to Rs.897/- against the addition made by the AO for Rs. 1,96,25,820/- by ignoring the fact that under rule ... amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. Disallowance u/s 14A of the Income Tax Act, 1961 (‘Act’ for short). 3. The Grounds of Appeal No. 1(a) and 1(b) of the Assessee’s Appealfor

Chl Limited, New Delhi vs. ACIT, Circle-6(1), New Delhi

In the result, appeals of the Assessee in ITA Nos

ITA 8777/DEL/2019[2013-14]Status: DisposedITAT Delhi10 Dec 2024AY 2013-14

Bench: Before Shri Shamim Yahya & Shri Yogesh Kumar U.S.Ita No. 8777 To 8780 /Del/2019 (A.Y 2013-14 To 2016-17) Chl Limited Acit The Hotel Surya New Circle-6(1) Friends Colony, Vs. New Delhi New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Acit Chl Limited Circle-6(1) The Hotel Surya New New Delhi Vs. Friends Colony, New Delhi Pan No: Aaacc2587M (Appellant) (Respondent) Appellant By Sh. Satish Khosla, Adv, Sh. Manish Malik, Adv & Sh. Pankaj Jain, Ar Respondent By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 06/11/2024 Date Of Pronouncement 10/12/2024

Section 14ASection 36(1)(iii)

facts and in the circumstances of the case, the Ld. CIT (A) was right in law in restricting the addition on disallowance u/s 14A r.w.r. 8D to Rs.897/- against the addition made by the AO for Rs. 1,96,25,820/- by ignoring the fact that under rule ... amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. Disallowance u/s 14A of the Income Tax Act, 1961 (‘Act’ for short). 3. The Grounds of Appeal No. 1(a) and 1(b) of the Assessee’s Appealfor

ACIT, Circle 1(1), Trivandrum vs. Hll Lifecare Ltd, Trivandrum

In the result, the Special Bench decision in the case of Cheminvest

ITA 321/COCH/2024[2016-17]Status: DisposedITAT Cochin09 Dec 2024AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Smt.Leena Lal, Senior ARFor Respondent: --- None ---
Section 14A

Assessing Officer u/s 14A of the Act, which was confirmed by the learned CIT(A). 12. Learned Counsel of the assessee submitted that disallowance u/s 14A of the Act, was made despite assessee having claimed no exempt income. Relying on the judgment of the Hon’ble Delhi High Court ... case of Redington (India) Pvt. Ltd. V. CIT (2016) 97 CCH 219, learned AR submitted that there could not be a disallowance u/s 14A of the Act, when there was no exempt income claimed by an assessee. Per contra, learned Departmental Representative relying on CBDT Circular No.5/2014 dated 11th February