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rule 8D

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Section 14A disallowance even in absence of any exempt income

Income Tax : Clarification in respect of disallowance under section 14A in absence of any exempt income during an assessment year Section 14A o...

February 1, 2022 35394 Views 3 comments Print

Section 14A disallowance- South Indian Bank Ltd Vs. CIT (Supreme Court)

Income Tax : The issue before the Hon’ble Supreme Court (SC) was whether section 14A of the Income-tax Act, 1961 (the Act) enables the Depart...

September 21, 2021 7488 Views 1 comment Print

Disallowance under section 14A: Another instance where section is not invoked

Income Tax : The ever debatable ‘Disallowance under section 14A’ (read with Rule 8D (2) now has again found a different horizon whe...

May 19, 2021 4209 Views 0 comment Print

No applicability of section 14A on LTCG exemption of Rs.1 Lakh

Income Tax : No applicability of section 14A on exemption of Rs.1,00,000/- (One Lakh) Long Term Capital Gain (LTCG) under Section 112A of Incom...

January 14, 2021 63924 Views 2 comments Print

Analysis of Section 14A read with Rule 8D

Income Tax : Section 14A of the Income Tax Act, 1961 (‘the Act’) provides that no deduction shall be allowed of any expenditure incurred in...

October 16, 2020 76377 Views 1 comment Print


Latest News


Stop Mechanical disallowance of expenditure u/s 14A r.w. Rule 8D: ICAI

Income Tax : The mechanical disallowance u/s 14A r.w. Rule 8D is also being added to the book profit by the AO irrespective of the fact whethe...

January 24, 2018 840 Views 0 comment Print

Bombay high court to hear petition challenging Constitutional validity of Rule 8D

Income Tax : As earlier intimated to you, Writ Petition bearing No. 50 of 2010 (Indian Exporters Grievances Forum & Other vs. CIT) challenging ...

February 17, 2010 480 Views 0 comment Print


Latest Judiciary


Gujarat HC allows Section 80IA(4) deduction to Captive Power Plant of Alembic Ltd

Income Tax : Gujarat High Court grants Alembic Ltd Rs. 4 crore income tax deduction under Section 80IA for their captive power plant. Read the ...

July 10, 2024 600 Views 0 comment Print

ITAT allows foreign travel expenses for board meetings in Singapore

Income Tax : ITAT Cuttack rules replacement of gear boxes in Surface Furnace Kiln as current repairs under Section 31(1) for Sponge Tata Iron L...

July 8, 2024 282 Views 0 comment Print

Section 14A disallowance based on presumptions of earning dividend income in future is unsustainable 

Income Tax : Read the detailed analysis of Zodiac Ventures Ltd. vs. ITO case by Mumbai ITAT regarding income tax disallowance based on presumpt...

June 25, 2024 261 Views 0 comment Print

Section 14A disallowance applies only to investments yielding exempt income

Income Tax : ITAT Mumbai rules no disallowance under Section 14A for investments not yielding tax-free income. Detailed analysis of DCIT vs Par...

June 9, 2024 573 Views 0 comment Print

Section 14A disallowance not warranted for investments not yielding tax-free income

Income Tax : In the case of DCIT vs. Paranjapee Schemes Construction Ltd., ITAT Mumbai rules no disallowance under Section 14A of the Income Ta...

June 4, 2024 351 Views 0 comment Print


Latest Notifications


CBDT Circular No. 5/2014 Dated: 11.02.2014

Income Tax : Circular No. 5/2014-Income Tax Central Board of Direct Taxes, in exercise of its powers under section 119 of the Act hereby clari...

February 11, 2014 51704 Views 0 comment Print

Notification No. 45/2008-Income Tax Dated: March 24, 2008 on Section 14A

Income Tax : INCOME TAX NOTIFICATION NO-45/2008, DT: March 24, 2008 Method for determining amount of expenditure in relation to income not incl...

March 31, 2008 3584 Views 0 comment Print


Directions issued by superior authorities are binding on Assessing Officer

July 8, 2023 1578 Views 0 comment Print

ITAT Delhi held that directions issued by a superior appellate authorities are binding on the Assessing Officers and Assessing Officer is required to strictly follow the directions of the appellate authorities and decide the issue as per the directions of the appellate authorities.

Strategic investment not part of average value of investment for disallowance u/r 8D(2)(iii) as no exempt income earned

July 5, 2023 1032 Views 0 comment Print

ITAT Delhi held that strategic investments not yielding any exempt income during the year under consideration, the same cannot form part of the average value of investment for computing disallowance under rule 8D(2)(iii) of the Income Tax Rules.

ITAT deletes Penalty on income tax refund Interest & Section 14A Additions

June 27, 2023 837 Views 0 comment Print

In Sunrise Broking P. Ltd. Vs ITO, ITAT Ahmedabad abolishes penalty over additions made to interest on income tax refund, recognizing no concealment or inaccuracy in the income particulars.

Disallowance u/s 14A restricted to the extent of exempt income

June 19, 2023 2823 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income. Hence, AO directed to restrict the disallowance to the extent of exempt income earned.

Disallowance Under Section 14A Cannot Exceed Exempt Income: ITAT Delhi

June 19, 2023 480 Views 0 comment Print

ITAT Delhi in Jubilant Securities Pvt Ltd Vs DCIT case, highlighted the rule that disallowance under Section 14A cannot exceed exempt income

Interest on money borrowed for business is allowable as business expenditure

June 10, 2023 1239 Views 0 comment Print

ITAT Ahmedabad held that interest paid on money borrowed for the purpose of business is allowable as business expenditure.

Income tax law never contemplates to apply Section 14A to a taxable income

June 10, 2023 390 Views 0 comment Print

Precondition of applicability of S. 14Ahas not been fulfilled in the present case in as much the law never contemplates to apply S. 14A in relation to a taxable income as in the present case

Disallowance u/s 14A untenable on mechanical application of rule 8D

June 5, 2023 1206 Views 0 comment Print

ITAT Mumbai held that disallowance u/s 14A untenable as AO has mechanically applied rule 8D without having recorded his satisfaction or examining the nature of investments whether they have yielded any exempt income or not.

Motor vehicle being a self-propelled vehicle eligible for depreciation @33.40%

May 15, 2023 1449 Views 0 comment Print

ITAT Ahmedabad held that motor vehicles qualify as self-propelled vehicles and accordingly depreciation at the rate of 33.40% available on the same.

No section 14A disallowance based on assumption of tax-free income in future

April 28, 2023 1512 Views 0 comment Print

If there is no tax-free income, then no section 14A disallowance is to be made based on assumption that in future, some tax-free income will result to assessee on investment. 

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