Case Law Details

Case Name : JM Financial Limited Vs ACIT (ITAT Mumbai)
Appeal Number : ITA NO. 4521/Mum/2012
Date of Judgement/Order : 26/03/2014
Related Assessment Year :
Courts : All ITAT (5696) ITAT Mumbai (1770)

CA Sandeep Kanoi

For the year under consideration the assessee has specifically raised a point before the AO that 97.82% of the investment is in the subsidiary companies and joint venture companies and, therefore, no expenditure was incurred for maintaining the portfolio on these investments or for holding the same. The assessee has also pointed out that these investments are long term investment and no decision is required in making the investment or disinvestment on regular basis because these investments are strategic in nature in the subsidiary companies on long term basis and, therefore, no direct or indirect expenditure is incurred. We find that the department has not disputed this fact that out of the total investment about 98% of the investment are in subsidiary companies of the assessee and, therefore, the purpose of investment is not for earning the dividend income but having control and business purpose and consideration. Therefore, prima facie the assessee has made out a case to show that no expenditure has been incurred for maintaining these long term investment in subsidiary companies. The AO has not brought out any contrary fact or material to show that the assessee has incurred any expenditure for maintaining these investments or portfolio of these investments.

Assessee has brought out a case to show that no expenditure has been incurred for maintaining the 98% of the investment made in the subsidiary companies, therefore, in the absence of any finding that any expenditure has been incurred for earning the exempt income, the disallowance made by the AO is not justified, accordingly the same is deleted.

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Category : Income Tax (28845)
Type : Judiciary
Tags : CA Sandeep Kanoi (300) ITAT Judgments (5876) rule 8D (107) Section 14A (286)

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