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Income Tax

No Disallowance U/s.14A for mere decrease in shareholders funds

Case Law Details

TaxGuru Citation
2016 taxguru.in 678
Case Name
CIT Vs M/s Max India Limited (Punjab and Haryana HC)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2004-05
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CIT Vs M/s Max India Limited (Punjab and Haryana HC)

Where assessee’s borrowings of interest bearing funds got increased during the year, it could not be presumed that such borrowed funds were utilized for the purpose of investing in assets yielding exempt income and disallowance under section 14A made on the basis of such unfounded presumption were ordered to be deleted.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

This appeal is against the order of the Income Tax Appellate Tribunal in respect of the assessment year 2004-05.

Mr. Sethi, learned counsel appearing on behalf of the appellant states that the result in this appeal will follow the result in Income Tax Appeal No. 186 of 2013 Commissioner of Income Tax, Jalandhar-I, Ja!andhar v. M/s Max India Limited., which we disposed of by a separate order and judgment of even date.

For the reasons stated therein, this appeal stands dismissed.

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