I.T.O.,WARD-1(4), KOLKATA vs. M/S NEELANCHAL MERCANTILE PVT. LTD., KOLKATA

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ITA 95/KOL/2020Status: DisposedITAT Kolkata26 October 2021AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to restrict the disallowance to the extent of tax-exempt dividend income earned by the assessee. The Revenue's appeal was dismissed as no contrary decision was presented.

What were the facts?

The Revenue appealed against the CIT(A)'s order concerning disallowance of expenditure under Section 14A read with Rule 8D. The assessee did not appear for the hearing.

What were the issues?

Whether the disallowance of expenditure 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

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Income Tax Appellate Tribunal, “B”

Before: Shri Sanjay Garg & Shri Manish Borad

order

: October 26, 2021 Hearing through Video Conferencing ORDER

Per Shri Sanjay Garg, Judicial Member:

1.

The present appeal has been preferred by the Revenue against the order dated 14.11.2019 of the Commissioner of Income Tax (Appeals)-7, Kolkata (hereinafter referred to as ‘CIT’) passed u/s 143(3) of the Income Tax Act. No one has put in appearance on behalf of the assessee. However, after going 2. through the impugned order and the available records on the file and after hearing the ld. DR, we proceed to adjudicate the appeal. 3. The sole issue involved in the appeal is relating to disallowance made by the Assessing Officer u/s 14A r.w. Rule 8D in respect disallowance of expenditure on tax exemption income of the assessee. 4. A perusal of the impugned order of the ld. CIT(A) reveals that the ld. CIT(A) while relying upon the decision of the Hon’ble Supreme court in the cases of PCIT vs. State Bank of Patiala [(2017) 78 taxmann.com 3(SC)] and Maxopp Investment Ltd. vs. CIT [(2018) 91 taxmann.com 154(SC)] has restricted the disallowance to the extent of M/s Neelanchal Mercantile Pvt. Ltd Assessment Year: 2012-13 tax exempt dividend income earned by the assessee. The ld. DR could not point out any contrary decision in this respect. In view of this, we do not find any infirmity in the order of the ld. CIT(A) and the same is upheld and the appeal of the Revenue is hereby dismissed.

5.

In the result, the appeal of the Revenue is dismissed. Kolkata, the 26th October, 2021. Sd/- Sd/- [Manish Borad] [Sanjay Garg] Accountant Member Judicial Member Dated: 26.10.2021. RS Copy of the order forwarded to: 1. ITO, Ward-1(4), Kolkata 2. M/s Neelanchal Mercantile Pvt. Ltd 3. CIT(A)- 4. CIT- , 5. CIT(DR),

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