prpri In absence of any exempt income disallowance U/s. 14A not permissible In absence of any exempt income disallowance U/s. 14A not permissible

Case Law Details

Case Name : Pr Commissioner of Income Tax Vs Oil Industries Development Board (Delhi High Court)
Appeal Number : ITA No. 197/2018
Date of Judgement/Order : 16/02/2018
Related Assessment Year :

PCIT Vs Oil Industries Development Board (Delhi High Court)

The Revenue’s appeal challenges an order of the Income Tax Appellate Tribunal (ITAT) which had set aside the disallowance of Rs. 1,62,49,000/- under Section 14A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

The Assessing Officer (AO) and later the CIT (A) made the disallowance by taking into account only the investment patterns of the assessee for the concerned assessment.

The ITAT relied upon the ruling of this Court in Cheminvest Limited vs. Commissioner of Income Tax-VI, (2015) 378 ITR 33 which ruled in the absence of any exempt income, disallowance under Section 14-A of the Act of any amount was not permissible. Since the decision in Cheminvest Limited (supra) was followed, there is no substantial question of law that requires consideration.

The appeal is therefore dismissed.

Also Read SC Judgment on the issue- No exempt income, No disallowance u/s 14A & Rule 8D: SC

Download Judgment/Order

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