Section 8D of the Income Tax Act

The decision most relied on for Section 8D is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 of the 401 judgments on BharatTax that turn on this section.

Leading authorities on Section 8D

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.

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.

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).

Joint Investments Pvt. Ltd. v. CIT
372 ITR 694 · 2015 · High Court
803
citing judgments

Disallowance under section 14A of the Income Tax Act cannot exceed the actual amount of exempt income earned by the assessee. This principle also applies when computing book profits under section 115JB.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

Godrej & Boyce Manufacturing Company Ltd. v. DCIT
394 ITR 449 · 2017 · Supreme Court
683
citing judgments

Expenditure can only be disallowed under Section 14A if the income is exempt and not part of the total income. The Assessing Officer must first record dissatisfaction with the assessee's accounts or computation before proceeding to make a disallowance under Section 14A or applying Rule 8D.

Apollo Tyres Ltd. v. CIT
255 ITR 273 · 2002 · Supreme Court
657
citing judgments

For the purpose of computing book profits under Section 115J, arrears of depreciation, including those arising from assets working extra shifts, are a necessary charge on profits if debited to the profit and loss account and are allowable as such.

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.

Judgments on Section 8D

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The ACIT, Circle-1(1), Rajkot

In the result appeal of the Revenue is dismissed

ITA 610/RJT/2026[2013-14]Status: DisposedITAT Rajkot17 Sept 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 609 & 610/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14 & 2016-17) Radhe Renewable Energy The Assistant Commissioner Of Development Pvt. Ltd. Income-Tax, Vs. Plot No.G-557, Gate No.3, Circle-1(1), Rajkot Lodhika Gidc, Kalavad Road, Aayakar Bhavan, Race Course Metoda, Rajkot,Gujarat-360021 Ring Road, Rajkot, Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7723E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Gopi Nath Chaubey, Ld. Sr. Dr Date Of Hearing : 02/07/2026 17/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2013-14 & 2016-17, Are Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 12.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3)/147 Of The Act, Dated 12.02.2026 & 20.02.2023, Respectively.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Gopi Nath Chaubey, Ld. Sr. DR
Section 143(3)Section 147Section 148Section 14ASection 250

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The ACIT, Circle-1(1), Rajkot

In the result appeal of the Revenue is dismissed

ITA 609/RJT/2026[2016-17]Status: DisposedITAT Rajkot17 Sept 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 609 & 610/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14 & 2016-17) Radhe Renewable Energy The Assistant Commissioner Of Development Pvt. Ltd. Income-Tax, Vs. Plot No.G-557, Gate No.3, Circle-1(1), Rajkot Lodhika Gidc, Kalavad Road, Aayakar Bhavan, Race Course Metoda, Rajkot,Gujarat-360021 Ring Road, Rajkot, Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7723E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Gopi Nath Chaubey, Ld. Sr. Dr Date Of Hearing : 02/07/2026 17/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2013-14 & 2016-17, Are Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 12.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3)/147 Of The Act, Dated 12.02.2026 & 20.02.2023, Respectively.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Gopi Nath Chaubey, Ld. Sr. DR
Section 143(3)Section 147Section 148Section 14ASection 250