Section 14A - Page 2

Disallowance of Interest -Alleged conversion of shares held as opening stock to investments 

M/s MKJ Developers Ltd Vs ACIT (ITAT Kolkata)

Where AO had made addition of proportionate interest paid on borrowed funds on the allegation that assessee dealing in share-trading had converted its opening stock of shares to investments, the matter was remanded back to AO to determine the actual date of conversion of shares before computing any disallowance....

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Section 14A Disallowance also on Strategic investments

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court)

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court) High Court held that strategic investments have to be considered for disallowance under Section 14A but assessee is entitled to contend that the investments are legacy Investments or one-time investment and that there is in fact no expenditure incurred to earn the tax-free income. F...

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No disallowance U/s. 14A in respect of dividend earned on shares held as stock

Nice Bombay Transport (P) Ltd Vs ACIT (ITAT Delhi)

HC arrived at a correct conclusion by setting aside the disallowance under section 14 A of the Act in respect of the dividend earned on the shares held as stock in trade, because such shares were held during the business activity of the assessee and it is only by a quirk of fate that when the investee company declared dividend, those shar...

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6 Suggestions for Amendments in Income Tax Act by BCAS

Bombay Chartered Accountants' Society has made a Representation on 'Suggestions for Amendments in the Income Tax Act', on 24th May, 2019, to the Joint Secretary TPL, Central Board of Direct Taxes, Ministry of Finance, Government of India....

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S. 14A Consider only those investments which yielded exempt income: ITAT

Brics Securities Ltd. Vs DCIT (ITAT Mumbai)

To compute disallowance under section 14A read with rule 8D AO was directed to consider only those investments which had yielded exempt income during the year....

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AO not bound to follow formula prescribed in rule 8D to compute disallowance u/s. 14A

Pr. CIT Vs  Britannia Industries Ltd. (Calcutta High Court)

Pr. CIT Vs Britannia Industries Ltd (Calcutta High Court) If an assessing officer doubts the quantum of expenditure incurred towards exempted income, is it mandatory for the assessing officer to apply the formula prescribed in rule 8D of the Income Tax Rules, 1962 or can he take a view otherwise? This is the question which is […]...

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No disallowance U/s. 14A for interest to partners as per partnership deed

M/s ASK Partners Vs ACIT (ITAT Jaipur)

M/s. ASK Partners Vs ACIT (ITAT Jaipur) The interest paid by the firm and claimed as deduction is simultaneously susceptible to tax in the hands of its respective partners in the same manner. In the same vain, the firm is merely a compendium of its partners and its partners do not have separate legal personalities under […]...

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No disallowance u/s 14A in absence of exempt income

ACIT Vs  Prabhatam Advertising (P) Ltd. (All ITAT)

In the present case, AO noticed investments made by assessee-company and invoked section 14A leading to disallowance whereas assessee claimed that no dividend income earned during the year under consideration. It was held since assessee-company did not have any dividend income and it had strategic investment therefore no disallowance unde...

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No exempt income, No disallowance u/s 14A & Rule 8D: SC

PCIT Vs M/s Oil Industry Development Board (Supreme Court)

PCIT Tax Vs M/s. Oil Industry Development Board (Supreme Court) Hon’ble supreme court held that in the absence of any exempt income, disallowance under Section 14-A of the Act of any amount was not permissible. FULL TEXT OF THE SUPREME COURT JUDGEMENT Delay condoned. In view of the decision of this Court in Commissioner of Income [...

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In absence of any exempt income disallowance U/s. 14A not permissible

Pr Commissioner of Income Tax Vs Oil Industries Development Board (Delhi High Court)

ITAT relied upon the ruling of this Court in Cheminvest Limited vs. Commissioner of Income Tax-VI, (2015) 378 ITR 33 which ruled in the absence of any exempt income, disallowance under Section 14-A of the Act of any amount was not permissible. ...

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