WALCHAND KAMDHENU COMMERCIALS P.LTD,MUMBAI vs. ITO 5(3)(4), MUMBAI

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ITA 7336/MUM/2014Status: DisposedITAT Mumbai11 July 2016AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the Assessing Officer for fresh examination. The Tribunal noted that similar issues in the assessee's own case were also restored for fresh consideration.

What were the facts?

The assessee is aggrieved by the disallowance made under Section 14A of the Income Tax Act. The assessee argued that its own funds exceeded its investments and that the disallowance was computed without considering these facts.

What were the issues?

Whether the disallowance under Section 14A was correctly computed, considering the assessee's own funds and the nature of its investments.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” Bench, Mumbai

For Respondent: Shri Maurya Pratap
Hearing: 11.7.2016Pronounced: 11.7.2016

The appeal filed by the assessee is directed the order dated 23.9.2014 passed by learned CIT(A)-9, Mumbai and it relates to A.Y. 2010-11.

2.

The assessee is aggrieved by the decision of learned CIT(A) in confirming the disallowance made by the Assessing Officer u/s. 14A of the Act.

3.

Learned counsel appearing for the assessee submitted that the assessee has held shares as stock-in-trade and has also made investments in group companies. Further own funds held by the assessee are far in excess of the investments made. She submitted that the tax authorities have computed the disallowance u/s. 14A of the Act without considering these factual aspects. She further submitted that the identical issue was considered in assessee’s own case in and the Tribunal has restored the matter to the file of the Assessing Officer for considering the same afresh.

2 Walchand Kamdhenue Commercials P. Ltd.

Accordingly, she prayed that this issue may be restored to the file of the Assessing Officer for examining the same afresh.

4.

Learned Departmental Representative did not object to the plea put forth by learned AR.

5.

Having heard the rival submissions, we are of the view that this issue should be restored to the file of the Assessing Officer for considering the same afresh, since various contentions urged by the assessee require fresh examination. We also noticed that the identical issue was restored to the file of the Assessing Officer by the Coordinate Bench of the Tribunal in assessee’s own case for A.Y. 2009-10. Accordingly, we set aside the order passed by learned CIT(A) on this issue and restore the same to the file of the Assessing Officer with the direction to examine the same afresh by duly considering various submissions that may be placed before him by the assessee.

6.

In the result, appeal filed by the assessee is treated as allowed for statistical purposes. Order has been pronounced in the Court on 11.7.2016

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