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Tribunal Flags Error in Applying Section 14A to Non-Yielding Investments
Case Law Details
- Case Name
- Hincon Holdings Ltd. Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Mumbai
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Hincon Holdings Ltd. Vs ITO (ITAT Mumbai)
Stock-in-Trade Isn’t Investment: ITAT Mumbai Remands 14A Disallowance for Fresh Verification
Mumbai ITAT (SMC Bench) held that while computing disallowance u/s 14A r.w.r. 8D, shares and mutual funds held as stock-in-trade must be excluded, and only those investments which actually yielded exempt income can be considered.
The assessee, an NBFC, earned dividend income of ₹11.93 lakh from mutual funds held as stock-in-trade, whereas the AO mechanically computed disallowance by including non-current investments which had not yielded any exempt income, ...






