STANDARD GREASES & SPECIALITIES P. LTD,MUMBAI vs. DCIT 10(2), MUMBAI

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ITA 6705/MUM/2011Status: DisposedITAT Mumbai07 April 2017AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the Assessing Officer made disallowances under Rule 8D(2)(ii) and (iii) read with Section 14A. The matter was remanded to the AO for fresh adjudication in light of relevant judicial precedents.

What were the facts?

The assessee's appeal concerns a disallowance of Rs. 45,72,840/- under Section 14A. The assessee argued that the disallowance exceeded exempt income and requested the matter be set aside for fresh consideration based on binding judgments.

What were the issues?

Whether the disallowance under Section 14A exceeded the exempt income and if the AO should reconsider the disallowance based on binding judgments.

Which sections of the Income-tax Act were involved?

Section 14A

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO & SHRI SANDEEP GOSAIN

For Appellant: Shri Mayur Kisnadwala
Hearing: 06.03.2017Pronounced: 07.04.2017

अऩीराथी की ओय से / Appellant by : Shri Mayur Kisnadwala प्रत्मथी की ओय से/ Respondent by : Ms. Pooja Swarup, DR सुनवाई की तायीख / Date of Hearing : 06.03.2017 घोषणा की तायीख /Date of Pronouncement : 07.04.2017 आदेश / O R D E R

PER D. KARUNAKARA RAO, AM:

1.

This appeal filed by the assessee on 5.10.2011 is against the order of the CIT (A)-22, Mumbai dated 19.04.2011 for the assessment year 2009-2010.

2.

The only issue raised in the grounds revolves around the disallowance u/s 14A amounting to Rs. 45,72,840/-. In this regard, Ld Counsel for the assessee briefly narrated the facts of the case and submitted that the said disallowance exceeded the entire exempt income and also mentioning the matter is required to be set aside to the file of the AO for deciding the issue afresh considering the various binding judgments on the subject. It is further submitted that during the assessment proceedings, AO / CIT (A) may be directed to consider the binding judgment of the Hon’ble jurisdictional High Court in the case of HDFC Bank Ltd vs. DCIT [2016] 383 ITR 529 (Bombay) as well as the decision of the ITAT in the caseof Garware Wall Ropes Ltd vs. Addl. CIT in and others dated 15.01.2014 for the proposition that the exempt income relatable to the investment in the sister concern is required to be exempt while calculating the average investment for the purpose of clause (iii) of Rule 8D(2) of the IT Rules, 1962. 3. On hearing both the parties and on perusal of the orders of the Revenue Authorities as well as the relevant material placed before the Tribunal, we find that the Assessing Officers made disallowance u/s clause (ii) and (iii) of the Rule 8D(2) of the IT Rules, 1962 read with section 14A of the IT Act, 1961. Considering the same, we are of the opinion that the matter is required to be remanded to the file of the AO for deciding the issue afresh in the light of the above cited decisions on the subject. AO shall grant a reasonable opportunity of being heard to the assessee. Accordingly, grounds raised

by the assessee are allowed for statistical purposes.

4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 07th April, 2017.

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