DCIT 5(3), MUMBAI vs. SUASHISH DIAMONDS LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CIT(A) was justified in restricting the disallowance to 10% of dividend income, as it was consistent with the assessee's own case for a prior assessment year.
What were the facts?
The Revenue appealed against the CIT(A)'s order which restricted the disallowance under Section 14A to 10% of dividend income. The CIT(A) had followed a previous order of the Tribunal.
What were the issues?
Whether the disallowance under Section 14A should be restricted to 10% of dividend income, and if the CIT(A) was justified in following a previous Tribunal order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
सुनवाई क� तार�ख / Date of Hearing : 03-01-2017 घोषणा क� तार�ख / Date of Pronouncement : 06-01-2017 आयकर अ�ध�नयम, 1961 क� धारा 254(1) के अ�तग�त आदेश Order u/s.254(1)of the Income-tax Act,1961(Act) Per Pawan Singh, J.M. �या�यक सद�य iou iou iou �संह के अनुसार: iou 1. The present appeal by Revenue u/s 253 of the Income-tax Act is against the order of ld. Commissioner of Income-tax (Appeals)-9, Mumbai (for short the CIT(A) dated 12.08.2014 for Assessment Year(AY) 2007-08. The Revenue has raised the following grounds of appeal: (i) Whether on the facts and in the circumstances of the case and in law, Ld. CIT(A) was justified in holding that disallowance u/s 14A should be restricted to 10% of dividend income? (ii) Whether on the facts and in the circumstances of the case and in law, Ld. CIT(A) was justified in allowing the appeal of the assessee without appreciating the facts that disallowance u/s 14A were made by adopting a reasonable method as directed by Hon’ble ITAT? (iii) The appellant prays that the order of the Ld. CIT(A) be set-aside and the order of the AO be restored.
2. We have heard the rival contention of the parties and gone through the order of authorities below. Ld. AR of the assessee argued that the grounds of appeal raised in the present appeal are squarely covered in assessee’s own case for AY 2007-08 in ITA No. 8949/Mum/2010. Ld. Departmental Representative (DR) for Revenue not disputed the factual matrix of the case.
3. We have seen that similar disallowance was made in assessee’s own case for AY 2006-07 and the assessee filed appeal before the Tribunal wherein the following order was passed: “4. After considering the rival arguments and examining the facts on record, we are of the opinion that the action of the CIT (A) cannot be upheld. Application of Rule 8D is not permissible for the impugned assessment year. While accepting that the
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