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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

Assistant Commissioner Commissioner of Income Tax Corporate Circle 1 1, Chennai vs. Il and Fs Tamilnadu Power Company Limited, Chennai

In the result, the appeal of the revenue is dismissed

ITA 1716/CHNY/2024[2011-12]Status: DisposedITAT Chennai04 Dec 2024AY 2011-12

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./ Ita No. 1716 /Chny/2024 निर्धारण वर्ा /Assessment Years: 2011-12 Assistant Commissioner Of Income Il & Fs Tamilnadu Power Company Tax, Limited, Corporate Circle-1(1), Old No.21, New No.2, Kpr Tower, Chennai 4Th Floor, Greams Road, S.O. Nungambakkam, Chennai-600 006. [Pan: Aabcf1176A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Ashwin, C.A अपीलार्थी की ओर से/ Assessee By प्रत्यर्थी की ओर से /Revenue By : Ms.Gowthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 23.09.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024

For Respondent: Ms.Gowthami Manivasagam, JCIT
Section 250

raised by the revenue. 8.0 The next issue raised by the revenue vide ground of appeal number 4 and 5 is regarding disallowance u/s 14A r.w. rule-8D made by the Ld. AO and which has been deleted by the Ld.CIT(A). The Ld. DR invited our attention to para ... submissions in the light of material available on records. We have noted that the decision of Ld. CIT(A) to delete the impugned disallowance u/s 14A on account of the fact that the appellant had admittedly not earned any exempt income during the year as well as favorable judicial rulings

Asstt. Commissiner of Income Tax-6(1)(1), Mumbai vs. Alok Infrastructure P. Ltd, Mumbai

In the result, the appeal filed by the Revenue is partly allowed

ITA 5254/MUM/2024[2018-19]Status: DisposedITAT Mumbai04 Dec 2024AY 2018-19

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2018-19 Asst. Commissioner Of M/S. Alok Infrastructure Income Tax-6(1)(1), Private Limited, 5Th Floor, Vs. 2Nd & 3Rd Floor, Aayakar Bhavan, Tower-B, M.K. Road, Peninsula Business Park, Mumbai. G.K. Marg, Lower Parel, Mumbai. Pan : Aagca1949P (Appellant) (Respondent) For Assessee : Shri Nimesh Vora & Ms. Moksha Mehta For Revenue : Shri Akshay Tapdiya, Sr.Dr Date Of Hearing : 21-11-2024 Date Of Pronouncement : 04-12-2024 O R D E R Per B.R. Baskaran, A.M : The Revenue Has Filed This Appeal Challenging The Order Dated 09-08-2024 Passed By Ld.Cit(A)-Nfac, Delhi & It Relates To The Assessment Year (Ay) 2018-19. The Revenue Is Challenging The Relief Granted By The Ld.Cit(A) In Respect Of Following Additions Made By The Assessing Officer (Ao):- (A) Addition Made U/S 14A Of The Income Tax Act, 1961 („The Act‟); (B) Disallowance Of Expenses Related To The Assets Sold; (C) Disallowance Of Claim Of Write Off Of Cement Bags.

For Appellant: Shri Nimesh Vora &For Respondent: Shri Akshay Tapdiya, Sr.DR
Section 14A

noticed that the assessee has held investments to the tune of Rs.92.43 crores, but did not make any disallowance u/s 14A of the Act. When questioned about the same, the assessee replied that it did not earn any exempt income during the year under consideration and hence no disallowance u/s ... taxmann.com 29 (Karnataka) and Delhi International Airport (P.) Ltd. [2022] 138 taxmann.com 112 (Kar.), the Ld.CIT(A) held that no disallowance u/s 14A of the Act is required to be made. Accordingly, he deleted the disallowance made by the AO u/s 14A of the Act. 2.2. We heard the parties

DCIT Corporate Circle 1(1), Chennai vs. Allsec Technologies Limited, Chennai

The appeal stand partly allowed in terms of our above order

ITA 1662/CHNY/2019[2011-12]Status: DisposedITAT Chennai03 Dec 2024AY 2011-12

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.1255/Chny/2019 (िनधा)रणवष) / Assessment Year: 2010-11) & 2. आयकरअपील सं./ Ita No.1662/Chny/2019 (िनधा)रणवष) / Assessment Year: 2011-12) Dcit M/S. Allsec Technologies Limited बनाम/ Corporate Circle-1(1), 560, 562, 7H Century Plaza, Vs. Chennai. Teynampet, Anna Salai, Chennai-600 018. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aacca-5106-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Revenue By : Ms. Kavitha (Addl.Cit) - Ld. Sr. Dr " थ"कीओरसे/ Assessee By : Shri Vikram Vijayaraghavan (Advocate) - Ld.Ar सुनवाईकीतारीख/Date Of Hearing : 20-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeals By Revenue For Assessment Year (Ay) 2010-11 & 2011-12 Has Common Issues. First We Take Up Appeal For Ay 2010-11 Which Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals)-1, Chennai [Cit(A)] Dated 31-01-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S.

For Appellant: Shri Vikram Vijayaraghavan (Advocate) - Ld.ARFor Respondent: Ms. Kavitha (Addl.CIT) - Ld. Sr. DR
Section 143(3)Section 14ASection 195Section 40Section 9(1)(vi)

adjudication thereof. 1.4 As is evident three issues fall for our consideration – (i) Disallowance u/s 40(a)(i) against selling commission; (ii) Disallowance u/s 14A; (iii) Disallowance u/s 40(a)(i) on connectivity charges. 1.5 The Ld. Sr. DR advanced arguments and relied on the decision of Tribunal in assessee ... case records, our adjudication would be as under. The assessee being resident corporate assessee is stated to be engaged as domestic BPO. 2. Disallowance u/s 14A 2.1 The assessee earned exempt income of Rs.59.41 Lacs but did not offer any disallowance u/s 14A on the ground that no such expenditure

DCIT Corporate Circle 1(1), Chennai vs. Allsec Technologies Limited, Chennai

The appeal stand partly allowed in terms of our above order

ITA 1255/CHNY/2019[2010-11]Status: DisposedITAT Chennai03 Dec 2024AY 2010-11

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.1255/Chny/2019 (िनधा)रणवष) / Assessment Year: 2010-11) & 2. आयकरअपील सं./ Ita No.1662/Chny/2019 (िनधा)रणवष) / Assessment Year: 2011-12) Dcit M/S. Allsec Technologies Limited बनाम/ Corporate Circle-1(1), 560, 562, 7H Century Plaza, Vs. Chennai. Teynampet, Anna Salai, Chennai-600 018. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aacca-5106-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Revenue By : Ms. Kavitha (Addl.Cit) - Ld. Sr. Dr " थ"कीओरसे/ Assessee By : Shri Vikram Vijayaraghavan (Advocate) - Ld.Ar सुनवाईकीतारीख/Date Of Hearing : 20-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeals By Revenue For Assessment Year (Ay) 2010-11 & 2011-12 Has Common Issues. First We Take Up Appeal For Ay 2010-11 Which Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals)-1, Chennai [Cit(A)] Dated 31-01-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S.

For Appellant: Shri Vikram Vijayaraghavan (Advocate) - Ld.ARFor Respondent: Ms. Kavitha (Addl.CIT) - Ld. Sr. DR
Section 143(3)Section 14ASection 195Section 40Section 9(1)(vi)

adjudication thereof. 1.4 As is evident three issues fall for our consideration – (i) Disallowance u/s 40(a)(i) against selling commission; (ii) Disallowance u/s 14A; (iii) Disallowance u/s 40(a)(i) on connectivity charges. 1.5 The Ld. Sr. DR advanced arguments and relied on the decision of Tribunal in assessee ... case records, our adjudication would be as under. The assessee being resident corporate assessee is stated to be engaged as domestic BPO. 2. Disallowance u/s 14A 2.1 The assessee earned exempt income of Rs.59.41 Lacs but did not offer any disallowance u/s 14A on the ground that no such expenditure