SATISH M GUPTA,MUMBAI vs. ACIT 19(3), MUMBAI

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ITA 353/MUM/2013Status: DisposedITAT Mumbai04 May 2016AY 2009-103 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that Section 14A prevents claiming expenditure relatable to exempt income. Since the assessee claimed no expenditure, the provision was not applicable.

What were the facts?

The assessee argued that Section 14A of the Income Tax Act was not applicable as no expenditure was claimed against exempt income. The Revenue contended that the section applies even if no expenditure is claimed.

What were the issues?

Applicability of Section 14A of the Income Tax Act when no expenditure is claimed by the assessee against exempt income.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI B.R.BASKARAN, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Narayan Atal
Hearing: 07.04.2016Pronounced: 04.05.2016

Assessee by: Shri Narayan Atal Department by: Shri A.K.Nayak सुनवाई की तारीख / Date of Hearing: 07.04.2016 घोषणा की तारीख /Date of Pronouncement: 04.05.2016 आदेश / O R D E R

PER AMARJIT SINGH, JM:

1.

The appeal filed by the assessee is directed against the order dated 12.10.2012 passed by the Commissioner of Income Tax (Appeals)-30, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the assessment year 2009-10.

ITA No.353/Mum/13 A.Y.2009-10

2.

The issue involved in this appeal is disallowance made u/s. 14A of the Income Tax Act, 1961 ( in short “the Act”). The learned counsel appearing for the assessee submitted that the assessee did not claimed any expenditure against any of the income and hence the question of disallowing expenditure relatable to the exempt income as provisions of section 14A of the Act does not arose.

3.

On the contrary the learned DR submitted that the provision of section 14A shall be applicable even if the assessee is not claimed any expenditure. 4. We are unable to accept the contention of learned DR. The provision of section 14A of the Act prevents the assessee from claiming expenditure relatable to the exempt income against taxable income. Since the assessee has not claimed any expenditure therefore there is merit in the contention of the assessee that the provision u/s. 14A of the Act is not applicable to the case of the assessee. Accordingly, the order passed by the learned CIT(A) is set aside and the Assessing Officer is directed to delete the additions made u/s. 14A of the Act. 5. In result the appeal filed by the Assessee is allowed. A.Y.2009-10 Order pronounced in the open court on 4th May, 2016.

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