VidhiSangh

Supreme Court of India · 12/02/2018

MAXOPP INVESTMENT LTD. versus COMMISSIONER OF INCOME TAX, NEW DELHI

[2018] 2 S.C.R. 783 · 2018 INSC 131

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Summary

Interpreting Section 14A in the exempt-dividend setting before it, the Supreme Court rejected the dominant-purpose test for shares acquired for control or held as stock-in-trade. Expenditure attributable to exempt income had to be apportioned, with the Assessing Officer recording the required dissatisfaction before rejecting the assessee’s allocation. Maxopp’s appeals failed; the State Bank of Patiala result was sustained on its facts despite rejection of its reasoning. Other appeals received the specified separate dispositions.

Issues

  1. Whether acquisition for control or trading excluded expenditure from Section 14A disallowance.
  2. What apportionment and recorded-satisfaction requirements applied.
  3. How the bank stock-in-trade and pre-Rule 8D appeals should be disposed of.

Provisions considered

Held

Result

Listed assessee appeals, including Maxopp and Avon Cycles, dismissed; specified Revenue appeals also dismissed. Revenue appeal arising from Diary No. 41203 of 2017 allowed, as separately directed in paragraph 44.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 783.