SHREEPATI HOLDING & FINANCE PVT. LTD.,MUMBAI vs. ACIT RANGE 4(2), MUMBAI
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 held that the AO's disallowance was not justified as the dividend-yielding shares were stock-in-trade. Relying on jurisdictional High Court and ITAT precedents, the Tribunal found merit in the assessee's arguments.
What were the facts?
The assessee earned dividend income and suo moto disallowed a small amount. The AO, however, applied Rule 8D(2) and made a significant disallowance under Section 14A. The assessee argued that the dividend-yielding shares were stock-in-trade, not investments, and thus Section 14A was not applicable.
What were the issues?
Whether Section 14A read with Rule 8D is applicable to dividend income earned from shares held as stock-in-trade.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Reliance Utilities & Power Ltd.2,118 citing313 ITR 340 · 2009 · HC
- Godrej & Boyce Mfg. Co. Ltd. v. DCIT1,183 citing328 ITR 81 · 2010 · HC · Read judgment
- CIT v. India Advantage Securities Ltd.40 citing380 ITR 471 · 2016 · HC
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH & SHRI D. KARUNAKARA RAO
सुनवाई की तायीख / Date of Hearing : 02.11.2016 घोषणा की तायीख /Date of Pronouncement : 02.11.2016 आदेश / O R D E R PER D. KARUNAKARA RAO, AM:
This appeal filed by the assessee on 8.11.2013 is against the order of the CIT (A)-8, Mumbai dated 23.10.2013 for the assessment year 2010-2011.
The only issue raised in this appeal relates to the disallowance u/s 14A of the Act. Brief facts relevant for adjudication of the said issue includes that the assessee earned dividend income of Rs. 6,08,318/-. Assessee suo moto disallowed sum of Rs.30,000/- as expenditure disallowable u/s 14A of the Act. However, in the assessment made u/s 143(3) of the Act, AO mechanically applied the formula laid down in Rule 8D(2) of the IT Rules, 1962 (the Rules) read with section 14A of the Act. Accordingly, AO disallowed sum of Rs. 24,83,628/- under Rule 8D(2)(ii) and Rs. 4,53,425/- under Rule 8D(iii) of the Rules. Thus, net disallowance, after reducing Rs. 30,000/- (supra), works out to Rs. 29,37,054/- and the same is the subject matter of adjudication before us.
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
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