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1 - 10 of 14 (0.21 seconds)Joint Investments Pvt Ltd vs Commissioner Of Income Tax on 25 February, 2015
316 and Joint
Investments (P) Ltd. vs. CIT 372 ITR 694 (Dei.), we are of the
opinion that the AO at the first instance should have examined
the correctness of the statement made by the assessee that no
expenses were incurred for earning the exempt income during
the year and if and only if the Ld. AO is not satisfied on this
account after making reference to the accounts, he is entitled
to adopt the method under Rue 8D of the Rules. We. therefore,
while allowing the plea of the assessee direct the Ld.
Assessing Officer *c delete the addition made on this score
also."
The Commissioner Of Income Tax(Cntl), ... vs M/S Hero Cycles Pvt. Ltd. Ludhiana on 28 August, 1997
decided on 02.04.2014,
CIT Vs. Hero Cycles Limited, [2010] 323 ITR 518 and CIT Vs.
Winsome Textile Industries Limited, [2009] 319 ITR 204 which
held that Section 14A cannot be invoked when no exempt income
was earned. Hon ble Delhi High Court concurred with the ratio of
the decisions mentioned therein.
Commissioner Of Income Tax-Vi vs Taikisha Engineering India Ltd on 25 November, 2014
ITA No. 6904/Del./2017
based, cost of computer and its depreciation, computer
operator, consequent electricity, use of office premises, fee
charged by mutual fund agents/bankers (annual fee), portfolio
record maintenance and its tracking to ensure timely
sale/purchase of mutual fund units etc. Except making this
statement and reading all the possible expenses that involve
in investment process, Ld. Assessing Officer is not specific as
to what exactly the probable expenditure in this matter the
assessee could have incurred. According to the assessee the
investment was made in mutual funds and the expenses were
already directed by the operators and a certificate to that
extent was submitted before the Ld., Assessing Officer.
Further, the instructions are that the dividend income will be
directly credited to the bank account of the assessee so that
no probable expenditure at the end of the assessee for deposit
of the me dividend in bank could have occurred. Having
regard to this set of facts and circumstances involved in this
matter, we are of the considered opinion that instead of
making a sweeping enumeration of the probable expenses
involved in investment process, Ld. Assessing Officer could
have taken legal exercise to verify the correctness or otherwise
of the certificate that was issued by the asset management
companies or the Citibank in this respect. We, therefore, find
that there is no proper record of satisfaction as to the
expenses incurred by the assessee for earning the exempt
income. By following the decision reported in CIT vs. Taikisha
Engineering India Ltd. 275 CTR (Del.)
Commissioner Of Income Tax-Ii ... vs M/S Winsome Textile Industries Ltd on 15 February, 2016
decided on 02.04.2014,
CIT Vs. Hero Cycles Limited, [2010] 323 ITR 518 and CIT Vs.
Winsome Textile Industries Limited, [2009] 319 ITR 204 which
held that Section 14A cannot be invoked when no exempt income
was earned. Hon ble Delhi High Court concurred with the ratio of
the decisions mentioned therein.
Commissioner Of Income Tax vs Wimco Seedlings Ltd. on 12 December, 2011
1."CIT vs. Wimco Seedlings - ITA No. 1367/2008,
1368/2008 & ITA No. 1391/2008:
M/S. M & B Footwear Pvt. Ltd., Noida vs Addl. Cit(Tds), Ghaziabad on 27 March, 2018
3. Relaxo Footwear Ltd. vs. Addl. CIT, Range-15. New
Delhi
(2012) 50 SOT 102 (Delhi):"
C.I.T.,Mumbai vs M/S.Walfort Share & Stock Brokers P.Ltd on 6 July, 2010
14. The AO. however, noted that the basic object of section
14A is to disallow the direct and indirect expenditure incurred
in relation to income which does not form part of the total
income. AO referred to judgment of the Supreme Court in the
case of CIT vs Walfort Share and Stock Brokers P. Ltd. 326
ITR 1. The AO also noted that AO has to adopt a reasonable
basis or method consistent with all the relevant facts and
circumstances for making a disallowance. The assdsse has
not provided any separate amount for earning of exempt
income. The assessee has made very heavy investments for
earning exempt income throughout the year. The AO.
therefore, following section 14A read with Rule 8D disallowed
expenditure of Rs. 6,08,180/- which is attributed to the
earning of exempt income.
Commissioner Of Income Tax-Iv vs Holcim India P. Ltd. on 5 September, 2014
I have also
carefully considered judgement Honble Delhi High Court in case of
CIT vs. Holcim India Pvt. Ltd. [2015] 57 taxmann.com 28 (Delhi).
The Hon'bte High Court in that case considered the question as to
whether section 14A can be invoked and disallowance of
expenditure can be made even if no dividend income is earned.
Cloth Traders (P) Ltd., Etc vs Addl. Commr. Of Income Tax, ... on 4 May, 1979
316
and Joint investments (P) Ltd. Vs. CIT 275 CTR 471. The Ld.
CIT (A), however confirm the addition and dismiss the appeal
of assessee.