DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-20, DELHI vs. JINDAL PIPES LTD, DELHI
What did the Tribunal hold?
The Tribunal held that the disallowance of power and fuel expenses was rightly deleted by the CIT(A) as it was covered by previous ITAT orders. Regarding Section 14A, the Tribunal upheld the CIT(A)'s restriction of disallowance to the extent of exempt income earned, noting that CBDT circulars cannot override statutory provisions or judicial precedents.
What were the facts?
The assessee and the Revenue filed cross-appeals against the CIT(A)'s order concerning assessment year 2020-21. The Assessing Officer (AO) made additions for power and fuel expenses, and disallowances under Section 14A. The CIT(A) deleted the power and fuel expense disallowance and restricted the Section 14A disallowance.
What were the issues?
Whether disallowance of power and fuel expenses is justified, and whether disallowance under Section 14A can exceed exempt income.
Which sections of the Income-tax Act were involved?
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- Joint Investments Pvt. Ltd. v. CIT803 citing372 ITR 694 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH, ‘C’: NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI KRINWANT SAHAY
Heard together (2 matters)
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PER KRINWANT SAHAY, AM: Appeals in these cases have been filed by the assessee as well as by the Revenue arising out of the order of ld. Commissioner of Income Tax (Appeals)-27, New Delhi, dated 17.10.2023 against the assessment order dated 27.09.2022 passed under section 143(3)
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