Provisions of section 14A cannot be invoked if there is no exempt income

M/s. UB Infrastructure Projects Limited Vs. DCIT (ITAT Bangalore)

Undisputedly the assessee has not earned any exempted income. Now it is settled position of law that whenever assessee did not earn any exempt income, no dis allowance could be made u/s. 14A of the Act. The Hon’ble Delhi High Court in the case of Cheminvest Ltd. v. CIT, 378 ITR 33 (Del) has categorically held that section 14A envisages that there should be actual receipt of income which was not includible in the total incom

Please become a Premium member. If you are already a Premium member, login here to access the full content.