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Pr. Commissioner Of Income Tax - 9 vs M/S Vireet Investment Pvt. Ltd on 21 January, 2019

According, to the decision in the case of CIT Vs. Vireet Investment (P.) Ltd. [2017] 165 ITD 27/82 taxmann.com 415 Delhi Special Bench only those investments is liable to be considered which yielded exempt income during the year. Accordingly, the finding of the CIT(A) is not justifiable, hence, is hereby order to be set aside and we hold that the investment in sum of Rs.31,92,927/- is liable to be taken into consideration for computing the expenditure to earn the exempt income in view of the provisions u/s 14A of the Act r. w. Rule 8D(2)(iii) of the Rules. We restored this issue to the file of the AO for computing disallowance u/s 14A of the Act r.w. Rule 8D of the Rules by taking into consideration of the investment in the LIC mutual fund in sum of Rs.31,92,927/- which yielded dividend income in the year. Accordingly, this issue is decided in favour of the assessee against the revenue in the manner as indicated above. We order accordingly.
Delhi High Court - Orders Cites 0 - Cited by 11 - S R Bhat - Full Document

C.P. Kukreja Associates Pvt. Ltd., New ... vs Acit, New Delhi on 28 August, 2017

7. Since the matter of controversy has been adjudicated in view of the latest judgment by the Hon'ble ITAT Mumbai Bench in case of SUMAN KUKREJA Vs. ACIT in ITA. No.1339 & 1340/M/2017, therefore, by following the said decision, we uphold the finding of the CIT(A) and decide this issue in favour of the revenue against the assessee. We order accordingly.
Income Tax Appellate Tribunal - Delhi Cites 0 - Cited by 2 - Full Document
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