COMPUTER AGE MANAGAMENT SERVICES,CHENNAI vs. ACIT, LTU-2, CHENNAI

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ITA 933/CHNY/2022Status: DisposedITAT Chennai10 February 2023AY 2017-183 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that disallowance under Rule 8D should be restricted to the extent of exempt income. Since the assessee's suo motu disallowance exceeded the exempt income, the additional disallowance made by the AO was deleted.

What were the facts?

The assessee earned exempt income and suo motu disallowed expenses related to it. The Assessing Officer (AO) made a higher disallowance under Section 14A read with Rule 8D. The CIT(A) confirmed the AO's disallowance.

What were the issues?

Whether the disallowance of expenses relatable to exempt income under Section 14A read with Rule 8D should be restricted to the amount of exempt income.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 08.02.2023Pronounced: 10.02.2023

O R D E R

PER MAHAVIR SINGH, VICE PRESIDENT:

1.

This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi in Appeal No.CIT(A), Chennai -17/10564/2019-20 dated 05.09.2022. The assessment was framed by the ACIT, LTU-2, Chennai u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) for the assessment year 2017-18 vide order dated 19.12.2019.

2.

The only issue in this appeal of assessee is as regards to the disallowance of expenses relatable to exempt income by invoking the provisions of section 14A r.w.s.8D of the Income Tax Rules, 1962 i.e., Rule 8D(2)(iii) of the Rules at Rs.1,50,66,123/- as against suo motto disallowance made by assessee at Rs.34,08,342/-. For this, assessee has raised various grounds, which need not be reproduced because those are argumentative.

3.

We have heard rival contentions and gone through the facts and circumstance of the case. Admitted facts are that the assessee has earned exempt income at Rs.11.47 lakhs and claimed the same as exempt in the computation of total income. The AO noted that the assessee suo motto calculated disallowance u/s.14A r.w.rule 8D of the Rules, a sum of Rs.34,08,342/-. The AO not satisfied with the correctness of the assessee’s claim of disallowance of expenses relatable to exempt income at RS.34,08,342/-, he made disallowance under Rule 8D(2)(iii) at Rs.1,84,74,465/-, after allowing rebate of suo- motto disallowance of Rs.34,08,342/- he made balance disallowance of Rs.1,50,66,123/-. Aggrieved, assessee preferred appeal before CIT(A). 4. The CIT(A) confirmed the action of AO and confirmed the addition of Rs.1,50,66,123/- apart from suo-motto disallowance made by assessee at Rs.34,08,342/-. Aggrieved, now assessee came in appeal before the Tribunal.

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