STARLAND PROCON PVT LTD,HOWRAH vs. INCOME TAX OFFICER WARD 9(4) KOLKATA, KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that no disallowance under Section 14A can be made if the assessee has not earned any exempt income during the year. Therefore, the disallowance made by the AO and confirmed by the CIT(A) was set aside.
What were the facts?
The assessee's appeal for AY 2014-15 was admitted after condoning a delay. The assessee did not appear for the hearing, and the appeal was decided ex parte based on available records.
What were the issues?
Whether disallowance under Section 14A is permissible when no exempt income has been earned by the assessee. Whether the amendment by Finance Act 2022 is retrospective.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA
Before: Shri Manish Borad
आदेश खुले �यायपीठ म� �दनांक… /09/2022 को उ�घो�षत। Order pronounced in the open court on..20/09/2022
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