S. K. Minerals Handling P. Ltd. v. ACIT (2020) 79 ITR 18 (SN)(Cuttack ) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Not recording of satisfaction – No disallowance could be made- Period during which the lockdown was in force shall stand excluded for the purpose of working out the time limit for pronouncement of orders, as envisaged in rule 34(5) of the Income-tax (Appellate Tribunal) Rules, 1963 . .[ . S.254(1), R.8D ]

Tribunal held that the Assessing Officer had not expressed any satisfaction that the assessee had incurred certain expenditure for earning the dividend income. Section 14A of the Income-tax Act, 1961 postulates the disallowance of expenditure incurred for earning the exempt income which does not form part of the total income of the assessee. No claim had been made in respect of dividend income. The formula given in rule 8D did not recognise the actual expenditure incurred by the assessee but it calculates the disallowance at 0.5 per cent. of the average investment. Therefore, this computation of disallowance could not override the actual expenditure attributable for earning the exempt income. Accordingly, the disallowance made by the Assessing Officer of Rs. 10,81,553 under section 14A by applying rule 8D(2) was deleted. Tribunal also held that   the period during which the lockdown was in force shall stand excluded for the purpose of working out the time limit for pronouncement of orders, as envisaged in rule 34(5) of the Income-tax (Appellate Tribunal) Rules, 1963 .( AY.2010-11)