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Income Tax

No disallowance of expenditure u/s. 14A in the absence of links with exempt Income

Case Law Details

Case Name
Hindusthan Paper Corporation Ltd. Vs Deputy Commissioner of Income-tax (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
Courts
ITAT Kolkata
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From the facts of the present case, it is clear that there is no link with expenditure for earning of dividend income incurred by the assessee and once the facts are clear, no disallowance can be made by invoking rule 8D of the Rules. Neither the AO nor CIT(A) has recorded any finding that having regard to the account of the assessee, they are not satisfied with the correctness of the claim of expenditure made by assessee or the claim made by assessee that no expenditure has been incurred in relation to income which do not form part of the total income under the Act for the relevant assessment...
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