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The Commissioner Of Income-Tax, West ... vs M/S. Vegetables Products Ltd on 29 January, 1973

(supra) has decided the same issue in favour of the assessee. Though we are aware that the ld. CIT(A) has referred to the decisions in favour of the Revenue on similar issue of Hon'ble Delhi High Court, but however as held by the Hon'ble Apex Court in the case of CIT v. Vegetable Products Ltd. [1973] 88 ITR 192 (SC) if two views are possible, one in favour of the assessee should be adopted. Moreover, as we have already found that the ratios of decision of Hon'ble jurisdictional High Court as mentioned hereinabove are also in favour of the assessee. Hence, there is no question of taking a contrary view following the other high courts. The remarks of the ld. CIT(A) on the jurisdictional High Court decision are totally uncalled for, neither permissible nor sustainable.
Supreme Court of India Cites 16 - Cited by 1168 - K S Hegde - Full Document

M/S. Vireet Investment Pvt. Ltd., New ... vs Acit, New Delhi on 16 June, 2017

23. We have heard both the parties, perused the material available on record and gone through the orders of the authorities below. We find that this issue is squarely covered in favour of the assessee by the decision of Hon'ble Bombay High Court in the case of Ballarpur Industries Ltd. in ITA No. 51 of 2016, wherein it was held that when there is no exempt income then no disallowance of expenses u/s 14A of the IT Act, 1961 can be made. The Hon'ble Delhi High Court in the case of Cheminvest Ltd. (378 ITR 33supra) has held that if there is no exempt income then no disallowance of expenditure u/s 14A of the Act can be made. The ITAT Delhi Special Bench in the case of ACIT vs. Vireet Investments (P.) Ltd. [2017] 58 ITR(T) 313 (Delhi - Trib.) (SB) has reiterated similar principles of law. Therefore, we are of the considered view that once, there is no exempt income earned for the year, then disallowance contemplated u/s 14A of the Act cannot be pressed into. In this case, the Revenue has not disputed the fact that the assessee has not earned exempt income for the year under consideration. Since, there is no exempt income for the year, the disallowance of expenditure contemplated u/s 14A of the Act cannot be made.
Income Tax Appellate Tribunal - Delhi Cites 104 - Cited by 797 - Full Document

Mahindra Holdings And Finance Limited vs Dcit And Ito on 30 May, 2008

3214, 3215,3971 & 3972/Mum/2014 Tata Sky Limited; AYs 09-10 & 10-11 Mumbai Tribunal's decision in the case of Mahindra & Mahindra Limited vs. DCIT in ITA No.8597/Mum/2010 for Assessment Year 2006-07 vide order dated 06.06.2012 and Aditya Birla Nuvo Ltd. Vs. DCIT in ITA No. 8427/Mum/2010 for Assessment Year 2006- 07 vide order dated 17.09.2014. He argued that there is no obligation on the assessee to deduct tax on the year-end provisions and accordingly, the same should not be disallowed under section 40(a)(ia) of Act for AY 2009-10.
Income Tax Appellate Tribunal - Mumbai Cites 18 - Cited by 181 - Full Document
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