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Income Tax

No Section 271(1)(c) penalty for failure to disallow u/s 14A

Case Law Details

TaxGuru Citation
2011 taxguru.in 465
Case Name
DCIT Vs. Nalwa Investments Ltd (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2005- 06
Courts
ITAT Delhi
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DCIT Vs. Nalwa Investments Ltd (ITAT Delhi)– Though the computation of s. 14A dis allowance was not made, the figures of dividend and interest were stated in the P&L A/c. Even the tax auditors did not state that s. 14A dis allowance should be made. As there is no allegation by the AO that there was collusion between the auditor and the assessee to ignore s. 14A, it cannot be said that the explanation was not bona fide. Further, as Rule 8D was not enacted at the time, segregation of expenditure relatable to tax-free income would be disputable and lead to bona fide difference in opinion. So, penalty u/s 271(1)(c) cannot be levied.

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ‘F’ DELHI
BEFORE SHRI C.L. SETHI AND SHRI K.G. BANSAL

ITA No. 3805(Del)/2010 Assessment year: 2005- 06

Deputy Commissioner of Income-tax Vs. Nalwa Investments Ltd.

ORDER

PER K.G. BANSAL : AM

This appeal emanates from the order of Commissioner of Income-tax (Appeals)-XVI, New Delhi, passed on 03.05.2010 in appeal no. 19/2009-10. The corresponding penalty order was framed by the Deputy Commissioner of Income-tax, Circle 13(1), New Delhi, on 30.3.2009 under the provisions of section 271(1)(c) of the Income-tax Act, 1961.

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