Disallowance u/s 14A in cannot be made in respect of Audit Fees

ITO v. Pioneer Radio Training Services Pvt. Ltd. (Delhi ITAT), ITA No. 4448/Del/2013, Order Dated 19-1-2015

The auditor’s remuneration and legal & professional charges incurred for maintenance of statutory books and its audit etc. were required to be incurred irrespective of whether the Company had any income or not and hence, there was absolutely no basis for considering a part of such expenditure towards earning of exempt income.

In this connection, reliance is placed on Gujarat High Court judgment in the case of CIT vs. Suzion Energy Ltd. 354 ITR 630, in which the Court confirmed the deleting of disallowance u/s 14A in respect of interest expenses incurred for investments in subsidiaries and administrative expense such as staff salary of corporate office, audit fees, building rent and communication expenses.

In view of the above, the cross objection filed by the assessee deserve to be allowed.