This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 14A : Disallowance of expenditure-Exempt income-Interest expenditure-Sufficient own funds-Disallowance is not valid-Direction to consider only those investments upon which exempt income earned-Held to be proper. [R.8D]
Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) /(2022) 210 DTR 279(Kol.)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-No exempt income during year-No disallowance can be made. [R. 8D]
DCIT v. East Coast Imports and Exports (2021) 91 ITR 6 (SN) (Vishakha)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-Disallowing more than 50 Per Cent. of total expenditure claimed-No further disallowance called for-Deletion of disallowance while computing book profits is held to be proper. [S. 115JB, R.8D]
ACIT v. Cyrus Investments Pvt. Ltd. (2021) 91 ITR 49 (SN) (Mum.) (Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Reserves and surplus funds more than investments-Presumption that such investment was made from interest-free funds available with assessee-No interest disallowance warranted. [R. 8D]
N. R. Agarwal Industries Ltd. v. ACIT (2021) 91 ITR 503 (Surat)(Trib.)
S. 14A: Disallowance of expenditure-exempt income-Interest-Not earning any exempt income during year-No disallowance of interest [R. 8D]
JCIT v. Reliance Life Sciences Pvt. Ltd. (2021) 91 ITR 468 (Mum.) (Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Investments made from own funds-No disallowance to be made [R. 8D]
Dy. CIT v. Daawat Foods Ltd. (2021) 91 ITR 110 (Delhi)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Assessing Officer has arrived at objective satisfaction-Disallowance is justified-Voluntary disallowance made by the Assessee is to be reduced. [R. 8D (2)(iii)]
Shahrukh Khan v. DCIT (2021) 209 TTJ 356 / 197 DTR 1 (Mum.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Provision is not applicable in case of insurance business which is governed by specific provisions of section 44 and Schedule. I-Foreign tax credit-Foreign tax credit in respect of taxes paid abroad could never exceed Indian tax liability in respect of related income taxed abroad as also in India-Right of respondent under Rule 27 of the ITAT Rules 1963-Appellant cannot be worse off visa-a-vis the position when he was when the appeal was presented. [S. 44, 90, R. 8D, ITAT Rule 27]
ACIT v. Life Insurance Corporation of India Ltd. (2021) 214 TTJ 148/ / 206 DTR 273 / (2022) 192 ITD 8 (Mum.)(Trib.)
S. 13 : Denial of exemption-Trust or institution-Salary and remuneration to trustees-Specified persons-Members possess requisite qualification-Past years remuneration was allowed after verification-Work involve selection of teachers, interaction with parents, management of capital expenditure, providing resources to schools etc-Members have paid taxes at 30%-Addition confirmed by the CIT (A) is directed to be deleted. [S. 11, 12, 13(1)(c) 147, 148, 164(2)]
Heritage Educational Society v. Dy. CIT(E) (2021) 209 TTJ 188 / 197 DTR 201 (Chd.)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Effective date of registration-Application was made on 4th February, 2020-Exemption is eligible from 1st April, 2020 i.e. Assessment year 2020-21 and not from the assessment year 2021-22 [S. 11, 12, 80G(5)(vi)]
Ess Kay Foundation v. CIT (2021) 199 DTR 225 (Jaipur)(Trib.)