SARIF HOSSAIN,KOLKATA vs. ITO, WARD - 8(2), 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 noted that the assessee had not derived any exempt income in the impugned assessment year. Therefore, the disallowance made by the lower authorities was deleted.
What were the facts?
The assessee's appeal for assessment year 2012-13 challenged the disallowance of administrative expenses under Section 14A read with Rule 8D(2)(iii). The lower authorities had disallowed 0.5% of the average value of investments.
What were the issues?
Whether disallowance of expenses under Section 14A is permissible when no exempt income has been earned by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA
Before: Shri S.S.Godara & Dr. A.L. Saini
आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-18, Kolkata’s order dated 26.06.2018 passed in case No.190/2015-16/CIT(A)-18/Wd-8(2)/F.SL No.2431/18-19/Kol, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
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