Disallowance under Section 14A of Income TAx Act, 1961
Income Tax : The issue was whether exempt dividend income could be taxed by overriding Rule 8D. The ITAT held that additions beyond the Section...
Income Tax : The Tribunal clarified that disallowance under Section 14A is not warranted when sufficient interest-free own funds are available,...
Income Tax : The ruling confirms that notional disallowances under Section 14A cannot be added while computing book profits under the MAT regim...
Income Tax : Section 14A disallows expenses related to tax-exempt income. Rule 8D provides the formula, ensuring only taxable-income-related ex...
Income Tax : Tribunal confirms that detailed AO dissatisfaction justifies invoking Rule 8D, ensuring proper disallowance of expenses related to...
Income Tax : Bombay Chartered Accountants' Society has made a Representation on 'Suggestions for Amendments in the Income Tax Act', on 24th May...
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...
Income Tax : 1. IMPLEMENTATION OF IND-AS AND THEIR IMPACT ON TAXABLE INCOME IND-AS (Indian version of IFRS) accounting standards are being impl...
Income Tax : Amendments to Section 14A to provide that (i) dividend received after suffering dividend-distribution tax and share income from fi...
Income Tax : As earlier intimated to you, Writ Petition bearing No. 50 of 2010 (Indian Exporters Grievances Forum & Other vs. CIT) challenging ...
Income Tax : Court held that penalty under Section 270A cannot apply where assessed income does not exceed processed income. Key takeaway: stat...
Income Tax : The case examined whether interest earned from co-operative banks qualifies for deduction under Section 80P(2)(d). The Tribunal he...
Income Tax : Consistency over technicalities: ITAT Mumbai allowed actuarial pension provision as an ascertained liability, rejected mechanical ...
Income Tax : A taxpayer could submit a revised return u/s 139(5) only when it discovered a bona fide omission or incorrect statement in the ori...
Income Tax : The Tribunal set aside additions to book profit after ruling that MAT provisions do not apply to banks established under a special...
Income Tax : 2) The expenditure in relation to income which does not form part of the total income shall be the aggregate of following amounts,...
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...
Income Tax : INCOME TAX NOTIFICATION NO-45/2008, DT: March 24, 2008 Method for determining amount of expenditure in relation to income not incl...
Income Tax : The provisions of Sections 144-A and 144-B of the Income-tax Act have come into force with effect from 1st January 1976. Instructi...
ITAT Mumbai allowed deduction of interest expenditure, emphasizing that as long as there is a nexus between the borrowing and the income earned, deduction cannot be denied. Disallowance based on investment in shares was found unjustified.
Pune ITAT significantly reduced Section 14A disallowance, ruling that administrative expenses relating to a proprietary concern with no investments must be excluded from computation. ITAT applied a reasonable estimate of Rs.10 lakh after finding expenses like depreciation and property tax had no nexus with earning exempt income.
The Kolkata ITAT quashed the Section 263 revision, confirming that the Assessing Officer (AO) had specifically examined and accepted the ICDS adjustments during scrutiny. The tribunal held that when the AO conducts due inquiry and takes a plausible view, the assessment is neither erroneous nor prejudicial to the Revenue’s interest.
ITAT Mumbai allowed Saurashtra Cement’s appeal, ruling that disallowance under Section 14A r/w Rule 8D cannot be made if Assessee did not earn any exempt income during financial year. Ruling deletes an addition of ₹1.15 crore.
ITAT Pune deleted the penalty of Rs.2.74 lakh imposed under Section 270A(9) for misreporting income related to delayed PF/ESIC payments. The Tribunal ruled that since the assessee’s claim was based on prevailing High Court judgments and the issue was debatable until the Supreme Court ruling, the mere disallowance of expenditure, where all particulars were disclosed, does not attract a misreporting penalty.
The Tribunal held that the AO’s mechanical application of Rule 8D without specific satisfaction was invalid. Since no new investments were made and own funds exceeded investments, disallowance was deleted.
The ITAT Kolkata ruled that no disallowance under Section 14A read with Rule 8D can be made if the taxpayer did not earn any exempt income during the relevant financial year. The Tribunal fully allowed the appeal, reiterating the established legal position against mechanical disallowance when there is no dividend or tax-free income.
Delhi ITAT directed the AO to recompute disallowance under Section 14A as per the amended Rule 8D (2016), limiting it to 1 % of investments yielding exempt income. Other Revenue grounds, including 80-IA and leave-encashment, were dismissed.
ITAT Raipur held that addition under section 2(22)(e) of the Income Tax Act towards deemed dividend is vacated since loan is advanced in the preceding year. Therefore, in absence of any payment by the company in the current year, there is no justification to held that amount is received as deemed dividend.
ITAT Mumbai ruled that government incentives to promote industrial development in disaster-hit Kutch and modernization under TUF scheme are capital receipts. Revenue’s appeal was dismissed, reaffirming purpose test from Ponni Sugars and Sahney Steel.
