Section 14A disallowance cannot be made if no expenditure found to be incurred to earn exempt income
Case Law Details
Case Name : CIT Vs. Hero Cycles Ltd. (Punjab & Haryana High Court), ITA No.331 of 2009 (O&M), 04/11/2009
Related Assessment Year :
Courts :
All High Courts Punjab and Haryana HC
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Facts of the Case-
The assessee is engaged in manufacturing of cycles and parts of two-wheelers in multiple units. It earned dividend income, which is exempted under Section 10 (34) and (35). The Assessing Officer made an inquiry whether any expenditure was incurred for earning this income and as a result of the said inquiry addition was made by way of disallowance under Section 14A (3), which was partly upheld by the CIT (A). The Tribunal held that there was no nexus with the expenditure incurred and the income generated.
Held BY ITAT
We have perused the same and find that the plea of the ass...
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