TMI Blog2019 (6) TMI 1633X X X X Extracts X X X X X X X X Extracts X X X X ..... d error in granting total relief in the matter of disallowance u/s 14A. In our considered view, the action of the CIT(A) in granting relief under s.14A on account suo moto disallowance by the assessee and thereby granting relief higher than claimed in the return of income cannot be faulted in law. Appeal of the Revenue is dismissed. - ITA No. 2739/Ahd/2017 - - - Dated:- 11-6-2019 - PRAMOD KUMAR, VP AND MS. MADHUMITA ROY, JM For the Appellant : Mudit Nagpal For the Respondent : Ankit Talsania ORDER Per Pramod Kumar, Vice President: 1. This appeal, filed by the Assessing Officer, is directed against the order dated 29th September 2017 of the CIT(A) in the matter of assessment under section 143(3) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment year and (ii) whether the CIT(A) was justified in going beyond the return of income and remove the disallowance which the assessee itself has made while filing the return of income. In other words, whether the action of the CIT(A) in bringing down the income returned by the assessee and granting relief on the issues not raised at the time of filing original return of income or by way of revised return at a subsequent stage is justified in law or not. 7. The first issue framed above appears quite simple as we see. While adjudicating the issue, we take note of CBDT Circular No. 5/2014 dated 11/02/2014 which seeks to emphasize that all expenses pertaining to an exempt income is required to be disallowed notwithstanding the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the judicial precedents, we find substantial merit in the conclusion drawn by the CIT(A) which essentially holds that Section 14A of the Act can be triggered only if assessee seeks to square off expenditure against the income which does not form part of total income under the Act and Section 14A of the Act cannot be invoked where no exempt income was earned in the relevant assessment years. In consonance with the judicial precedents, we do not see any infirmity in the conclusion drawn by the CIT(A) for non-applicability of Section 14A of the Act in the facts of the case. 8. We shall now turn to the second issue raised on behalf of the Revenue regarding propriety of the action of the CIT(A) in granting relief on the disallowance ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions are that mere admission on the part of the assessee with respect to an addition/disallowance in its original return or in revised return would not ipso facto bar an assessee from claiming an expense or disputing an addition if it is otherwise permissible under law. It is thus well settled that if a particular income is not taxable under the Act, it cannot be taxed on the basis of estoppel or any other equitable doctrine. The Revenue authorities cannot enforce untenable actions of the assessee against it which led to declaration of income of higher amount incorrectly. It is thus open to assessee to show that it was over assessed in correctly owing to its own mistake. 10. So viewed, we do not see any potency in the argument laid on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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