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In the Assessment Year 2008-09, the Assessee had claimed interest expenditure of Rs. 6,87,57,951. During the same period relevant to the Assessment Year in question, the Assessee had earned dividend income of Rs. 1,13,72,545/which was exempt from tax. The Assessing Officer disallowed the interest expenditure of Rs. 3,79,83,539/. He further disallowed administrative expenditure and made a total disallowance of Rs. 4,22,72,425/under Section 14A of the Income Tax Act, 1961 ('the Act', for short) read with Rule 8D of the Rules. Disallowance under Section 14A of the Act read with Rule 8D of the Rules cannot exceed the Assessee's exempt income.

Shanti Prime Publication Pvt. Ltd.

Sec. 14A of Income Tax Act, 1961 — Disallowance — Disallowance under Section 14A read with Rule 8D cannot exceed the Assessee's exempt income— When the Assessee has not earned any income which was exempt from tax, disallowance of the expenditure under Section 14A read with 8D would not be permissible. Where the assessee's income exempt from tax is not NIL but has earned exempt income which is larger than the expenditure incurred by the assessee in order to earn such income, in such a situation that disallowance cannot exceed the exempt income so earned by the assessee during the year under consideration— Nirved Traders Pvt. Ltd. vs. Deputy CIT [2020] 421 Itr 142 (BOM)

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