The Tax Publishers2019 TaxPub(DT) 4892 (Mum-Trib)

INCOME TAX ACT, 1961

Section 14A

Admittedly assessee had not received any exempt income during the year under consideration and hence no disallowance under section 14A was warranted.

Disallowance under section 14A - Expenditure against exempt income - No exempt income earned during the year -

AO noticed investments in assessee's balance-sheet and accordingly invoking section 14A worked out disallowance in terms of rule 8D. Assessee's case was that no exempt income was earned during the year.Held: Admittedly assessee had not received any exempt income during the year under consideration and hence no disallowance under section 14A was warranted.

Relied:Cheminvest Ltd. v. CIT (2015) 61 Taxmann.com 118 : (2015) 378 ITR 33 (Del) : 2015 TaxPub(DT) 3520 (Del-HC) and Pr. CIT v. Ballarpur Industries Ltd. ITA No. 51 of 2016, vide judgment, dated 13-10-2016.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13


INCOME TAX ACT, 1961

Section 194H

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com