Karur Vysya Bank Ltd. v. CIT (2021) 438 ITR 465 /(2022) 284 Taxman 692 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Failure to examine the contention that no expenses were incurred to earn exempt income-Matter remanded. [S. 254(1), R.8D]

Court held that though the assessee specifically took the stand that it did not incur any expense to get the tax-free income and had interest-free funds for investing in the securities which yields the tax-free income, the Commissioner (Appeals) did not examine such aspect, but merely directed the Assessing Officer to restrict the disallowance to 2 per cent. on tax-free bonds, finding it to be reasonable. Further, the decisions relied on by the assessee were not available when the Tribunal decided the matter since they were rendered during the year 2018-19. Since the assessee should not be denied the benefit of those decisions and the opportunity to put forth its submissions the matter was to remanded back to the Tribunal. Matter remanded.  (AY. 1999-2000 to 2002-03, 2004-05 to 2006-07)