Facts
The assessee preferred an appeal against the order confirming the disallowance made by the AO under Section 14A r.w.r. 8D. The undisputed fact is that the assessee earned no exempt income during the year under consideration.
Held
The Tribunal held that Section 14A of the Act cannot be invoked when no exempt income was earned by the assessee. The additions made by the AO were directed to be deleted.
Key Issues
Whether Section 14A r.w.r 8D is applicable when the assessee has not earned any exempt income in the relevant assessment year.
Sections Cited
14A, 8D, 143(3)
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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & MS. KAVITHA RAJAGOPAL, HON’BLE
O R D E R