S. Vinodkumar Diamonds P. Ltd. v Dy. CIT (2020) 81 ITR 46 (SN) (Mum) (Trib)

S.14A : Disallowance of expenditure – Exempt income -Investments in past years — Reserves and surpluses far in excess of investments No disallowance could be made [ R.8D (2)(ii)]

Tribunal held that the total investment as shown in the profit and loss account was only Rs. 4.98 crores. Moreover, most of the investments were made in the past. No disallowance under rule 8D(2)(ii) was warranted where the reserves and surpluses of the assessee were in excess of the investments made by the assessee. The assessee had surpluses and reserves available with it at the end of the financial year, when the investments were made in the exempt income and therefore no disallowance under rule 8D(2)(ii) was warranted.( AY.2009-10)