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

DCIT, Central Circle - 2(2), Kolkata vs. M/S. Restore Machines India Pvt. Ltd., Kolkata

Appeal is partly allowed

ITA 161/KOL/2018[2013-14]Status: DisposedITAT Kolkata16 Apr 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013-14 Dcit, Central Circle- V/S. M/S Restore Machines 2(2), Aayakar Bhawan, India Pvt. Ltd., 4/1A, Poorva, 110, Jagmohan Mullick Lane Shantipally, Kolkata-107 Kolkata-700007 [Pan No. Aabcr 3530 L] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sourav Kumar, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent 14-01-2019 सुनवाई क" तार"ख/Date Of Hearing 16-04-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2013-14 Arises Against The Order Of Commissioner Of Income Tax (Appeals)-20, Kolkata’S Order Dated 30.11.201 Passed In Case No. Cit(A), Kolkata-20/10681/2016-17, Involving Proceedings U/S 144 Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At The Assessee’S Behest. We Proceed Ex Parte Against The Assessee In The Instant Appeal. 2. The Revenue’S Former Substantive Ground Seeks To Restore The Assessing Officer’S Action Invoking Sec. 14A R.W.S. 8D Disallowance Of ₹1,16,24,931/- Made By The Assessing Officer & Deleted In The Lower Appellate Proceedings. Suffice To Say, We Find That The Assessee Has Not Derived Any Exempt Income In The Impugned Assessment Year. Hon'Ble Jurisdictional High Court’S Decision In Cit Vs. Ashika Global Securities Ltd.

Section 132Section 143(3)Section 144Section 14ASection 153A