Income Tax

Disallowance u/s 14A can not exceed exempt income-Supreme Court dismisses SLP of Department

Disallowance u/s 14A can not exceed exempt income – Supreme Court dismisses SLP of the Department against the judgment of Delhi High Court

ABCAUS Case Law Citation:
ABCAUS 2639 (2018) (11) SC

Important Case Laws Cited/relied upon:
Commissioner of Income Tax v. Joint Investment Pvt. Ltd. 372 ITR 694

The Hon’ble Delhi High Court had dismissed the appeal filed by the Principal Commissioner of Income Tax on the issue of section 14A addition.

The respondent assessees had declared a meagre amount of income as exempt. However, the Assessing Officer (AO) added back substantial amounts under Section 14A of the Income Tax Act, 1961 (the Act) on the basis that huge amounts of borrowings had been converted into equity holdings.

The CIT(A) and both the ITAT granted relief to the assessee. The Tribunal followed an earlier decision of the Delhi Court in wherein it was held that the disallowance under Section 14A should not exceed the exempt income itself.

The Department challenged the decision of the ITAT before the Delhi High Court who in view of law settled on this point of law, dismissed the appeal.

Not satisfied, the Revenue approached the Hon’ble Supreme Court by way of filing a Special Leave Petition (SLP).

However, the Hon’ble Supreme Court dismissed the SLP of the Revenue.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Absence of irrevocability clause no ground for rejecting registration u/s 12AB

Absence of an explicit irrevocability clause in trust deed no ground for rejecting application for registration or renewal under section…

46 minutes ago
  • Income Tax

ITAT allows exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees

ITAT allowed increased exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees in view of CBDT retrospective notification. In…

22 hours ago
  • Income Tax

PCIT has revisionary jurisdiction u/s 263 over the cases passed by the NFAC or the JAO

PCIT has revisionary jurisdiction u/s 263 over the cases irrespective of the fact that the relevant assessment was completed physical…

1 day ago
  • Insurance

Appellate court interfering with MACT finding must undertake reappreciation of evidence

Appellate court interfering with Motor Accidents Claims Tribunal findings on assessment of disability and loss of earning capacity must undertake…

2 days ago
  • Income Tax

When delay is not huge & involves huge monetary liability, lenient approach to be taken

When period of delay is not very huge and involve huge monetary liability on the assessee, a lenient approach should…

2 days ago
  • SEBI

EoGM of company can not ratify diversion of fund raised by preferential issue – SC

Ratification by EoGM of the company can not give legality of the diversion of the fund raised by preferential issue.…

3 days ago