The Pr. Commissioner of Income Tax – 18 vs. Oil Industry Development Board - (High Court of Delhi) (21 Nov 2022)

Section 14A of IT Act will not apply, if no exempt income is received or receivable during the relevant previous year

MANU/DE/4660/2022

Direct Taxation

Present Income Tax Appeal has been filed challenging the Order passed by the Income Tax Appellate Tribunal ('ITAT') for Assessment Year 2012-13. The Appellant states that, the ITAT has erred in deleting the addition of Rs. 4.65 crores made by the assessing officer under Section 14A of the Income Tax Act, 1961 ('the Act'). He states that, the ITAT has erred in holding that no disallowance can be made under Section 14A of the Act read with Rule 8D of the Income Tax Rule, 1962 in the case wherein no exempt income has been earned during the year under consideration.

A perusal of the paper book reveals that the authorities below have given concurrent finding of fact that the assessee did not earn any dividend income during the year under consideration.

This Court is of the view that the present case is covered by the Division Bench judgment in Cheminvest Ltd. vs. CIT, wherein it has been held that the expression 'does not form part of the total income' in Section 14A of the Act means that there should be an actual receipt of income which is not includible in the total income, during the relevant previous year for the purpose of disallowing any expenditure incurred in relation to the said income. In other words, Section 14A will not apply if no exempt income is received or receivable during the relevant previous year.

Furthermore, this Court in Pr. Commissioner of Income Tax (Central)-2 Vs. M/s Era Infrastructure (India) Ltd., has dealt with the issue of amendment made by the Finance Act, 2022 to Section 14A of the Act. The amendment of Section 14A, which is "for removal of doubts" cannot be presumed to be retrospective even where such language is used, if it alters or changes the law as it earlier stood."

Accordingly, this Court is of the view that no substantial question of law arises for consideration in the present appeal. Accordingly, the same is dismissed.

Tags : ADDITIONS DELETION LEGALITY