In Brief
This case involved consolidated appeals challenging the disallowance of expenditure under Section 14A of the Income Tax Act, 1961, which denies deduction for expenditure incurred in relation to exempt income. The main issue was whether expenditure incurred to acquire shares for controlling interest (or as stock-in-trade) could be disallowed when the resulting dividend income is exempt from tax. The Supreme Court held that the dominant purpose or intention behind acquiring shares is irrelevant; instead, the theory of apportionment applies—expenditure must be apportioned between taxable and non-taxable income. For shares held as controlling interests, apportionment is required. For shares held as stock-in-trade, the expenditure is primarily for earning taxable business income, and exempt dividend is merely incidental; Rule 8D applies only from 2007-08 onwards. Appeals by assessee-assessees were dismissed; most Revenue appeals also dismissed except one.
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