Department of Revenue CBDT has issued a circular - Clarification regarding dis-allowance of expenses under section 14A of the Income-Tax in cases where corresponding exempt income has not been earned during the Financial Year.
This circular says that-
Section 14A of the Income Tax Act, 1961("Act") provides for dis-allowance of expenditure in relation to income not "includible" in total income.
A controversy has arisen in certain cases as to whether disallowance can be made by invoking section 14A of the Act even in those cases where no income has been earned by an assessee which has been claimed as exempt during the Financial Year.
The matter has been examined in the board. It is pertinent to mention that section 14A of the Act was introduced by the Fiance Act, 2001 with retrospective effect from 01.04.1962. The purpose for introduction of section 14A with retrospective effect since inception of the Act was clarified vide Circular No. 14 of 2001 as under:
"Certain incomes are not includible while computing total income, as these are exempt under various provisions of the Act. There have been cases where deductions have been claimed in respect of such exempt Income. This in effect means that the tax incentive given by way of exemptions to certain categories of income is being used to reduce also the tax payable on the non-exempt income by debiting the expenses incurred to earn the exempt income against taxable income. This is against the basic principles of taxation whereby only the net income, i.e. gross income minus the expenditure, is taxed. On the some analogy, the exemption is also in respect of the net Income. Expenses Incurred can be allowed only to the extend they are relatable to the earning of taxable Income"
Thus, legislative intent is to allow only that expenditure which is relatable to earning of Income and it therefore follows that the expenses which are relatable to earning of exempt income have to be considered for disallowance, irrespective of the fact whether any such income has been earned during the financial year or not.
The above position is further clarified by the usage of term "includible" in the Heading to section 14A of the Act and also the Heading to Rule 8D of I.T.Rules, 1962 which indicates that it is not necessary that exempt income should necessarily be included in a particular year's income, for disallowance to be triggered. Also, section 14A of the Act does not use the word "income of the year" but "Income under the Act". This also indicates that for invoking disallowance under section 14A, it is not material that assessee should have earned such exempt income during the financial year under consideration.
Thus, in light of above, Central Board of Direct Taxes, in exercise of its powers under section 119 of the Act hereby clarifies that Rule 8D read with section 14A of the Act provides for disallwoance of the expenditure even where taxpayer in a particular year has not earned any exempt income.
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