Section 8D(2)(ii) of the Income Tax Act

The decision most relied on for Section 8D(2)(ii) is Principal Commissioner of Income-tax-2 v. Caraf Builders & Constructions (P.) Ltd. (112 Taxmann.com 322), cited in 71 of the 36 judgments on BharatTax that turn on this section.

Leading authorities on Section 8D(2)(ii)

Principal Commissioner of Income-tax-2 v. Caraf Builders & Constructions (P.) Ltd.
112 Taxmann.com 322 · 2019 · Supreme Court
71
citing judgments

Disallowance under Section 14A of the Income-tax Act, 1961 cannot exceed the actual amount of exempt income earned by the assessee during the relevant previous year. This principle applies to assessment years prior to the amendment by Finance Bill 2022.

CIT v. Cadila Healthcare Ltd.
31 Taxmann.com 300 · 2013 · High Court
65
citing judgments

Section 35(2AB), an incentive provision, allows weighted deduction for expenditure 'on in-house research or development facility' even if related activities like clinical trials are conducted externally, provided they are for the in-house research. This requires a liberal interpretation of the provision.

Kesoram Industries & Cotton Mills Ltd. v. CIT
196 ITR 845 · 1992 · High Court
61
citing judgments

Expenditure incurred for exploring the feasibility of expanding or extending an existing business by setting up a new unit in the same line of business is revenue expenditure, not capital expenditure. Such expenditure, including obtaining project reports or legal opinions on desirability or feasibility, does not constitute the setting up of a new business.

BC Management Services (P.) Ltd. v. DCIT
83 Taxmann.com 346 · 2017 · High Court
21
citing judgments

Comparables with brand value and high turnover should be excluded if functionally different from the assessee's business. The exclusion of specific comparables like e-Clerx, ICRA Techno Analytics, TCS E-Serve, and Accentia Technologies is sustainable when they are functionally different and lack segmental information.

Mobile Global Ltd. v. Additional Commissioner of Income-tax
45 Taxmann.com 346 · 2014 · Reported
15
citing judgments

Professional charges incurred for conducting due diligence for the acquisition of another company are allowable as a revenue expenditure.

CIT, Madurai v. Saravana Spg. Mills (P) Ltd.
163 Taxmann 201 · 2007 · Supreme Court
14
citing judgments

Expenditure incurred for replacement of parts of a machinery, where the machinery as a whole continues to be functional, is treated as current repairs and not capital expenditure.

CIT v. Tingri Tea Co. Ltd. (
84 ITD 563 · 2003 · ITAT
12
citing judgments

No disallowance of interest is warranted on interest-free advances to associated concerns when the assessee possesses substantial interest-free funds, such as shareholders' funds.

CIT v. Television Eighteen India Limited
364 ITR 597 · 2014 · High Court
12
citing judgments

Expenditure incurred on the production of TV serials and programmes can be treated as revenue expenditure. The distinction between 'news content' with no repeat telecast value and TV serials/programmes with repeat telecast value is relevant in determining the nature of expenditure.

CIT v. Tingri Tea Co. Ltd.
79 ITR 294 · 1971 · High Court
9
citing judgments
PCIT v. Asphalt India Corp.
167 Taxmann.com 460 · 2024 · High Court
7
citing judgments

Judgments on Section 8D(2)(ii)

M/S. R.B. Polymers Ltd., Kolkata vs. DCIT, Circle - 4, Kolkata

Appeal is partly allowed in above terms

ITA 456/KOL/2018[2010-11]Status: DisposedITAT Kolkata12 Jun 2020AY 2010-11

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.456/Kol/2018 ("नधा"रण वष" / Assessment Year: 2010-11) M/S Rb Polymers Ltd. Vs. Dcit, Circle-4, Kolkata 25, R.N. Mukherjee Road, 4Th Floor, Suite-F, Kolkata-1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr3117R (Appellant) .. (Respondent) Appellant By : Shri Siddharth Agarwal, Advocate Respondent By : Shri Dhrubajyoti Ray, Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 21/02/2020 घोषणा क" तार"ख/Date Of Pronouncement : 12/06/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (A) - 2, Kolkata Dated 20.02.2018 Passed In Case No.1220/Cit(A)-2/14-15 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S First & Former Substantive Ground Challenges Correctness Of Both The Lower Authorities’ Action Invoking Section 14A R.W.R 8D(2)(Ii) Disallowance Of Proportionate Interest Amounting To Rs.75614/- Pertaining To Its Exempt Income. Suffice To Say, We Notice At The Outset That The Assessee’S Investments As On 31.03.2009 & 31.03.2010 Read Figures Of Rs.1,71,25,754/- & 1,93,49,912/- (Difference Of Rs.22,24,158/-) As Against Its Non-Interest Bearing Funds In The Nature Of Share Capital Along With Reserves & Surplus Of

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Dhrubajyoti Ray, Sr. DR
Section 143(3)Section 14ASection 28Section 36(2)(i)Section 37