PCIT v. Wockhardt Hospitals Ltd. (2020) 192 DTR 289 / 316 CTR 157 (Bom.) (HC)

S .14A : Disallowance of expenditure – Exempt income – Not earned any exempt income during the relevant year – No disallowance can be made [ R.8D ]

Dismissing the appeal of the revenue the Court held  that when the  assessee had not earned any exempt income during the assessment year under consideration, nor it had claimed any expenditure against any tax free income. Thus, the twin pre-conditions for invoking the provisions of Section 14A read with Rule 8D of the Rules i.e. earning of exempt income and claiming expenditure to earn the same were absent.(A Y .2010-11)