SH. ASHISH MODI,LUDHIANA vs. ITO, 7(1), LUDHIANA

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ITA 1455/CHANDI/2017Status: DisposedITAT Chandigarh07 August 2018AY 2012-132 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee's limited request to restrict the disallowance to the extent of exempt income received. The matter was restored to the AO for verification and recalculation.

What were the facts?

The assessee challenged the disallowance of Rs. 14,04,878/- under Section 14A read with Rule 8D for interest paid. The Assessing Officer (AO) made the addition, and the CIT(A) upheld it.

What were the issues?

The primary issue was the correctness of the disallowance made under Section 14A. The assessee sought to limit the disallowance to the actual exempt income earned.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DIVISION BENCHES ‘SMD’, CHANDIGARH

Before: MS. DIVA SINGH & Dr. B.R.R.KUMAR

For Appellant: Shri Ashwani Kumar,CA
For Respondent: Shri Manoj Kumar, Sr.DR
Hearing: 14.06.2018Pronounced: 07.08.2018

PER DIVA SINGH

The present appeal has been filed by the assessee assailing the correctness of the order dated 03.07.2017 of CIT(A)-3 Ludhiana pertaining to 2012-13 assessment year on the following ground : That order passed u/s 250(6) of the Income Tax Act, 1961 by the Ld. Commissioner of Income Tax (Appeals-3, Ludhiana is against law and facts on the file in as much as she was not justified to uphold the disallowance of Rs. 14,04,878/- u/s 14A read with Rule 8D on account of interest paid by the appellant. 2. The short issue which falls for consideration in the present proceedings is the addition of Rs. 14,04,878/- made by the AO u/s 14A which has been confirmed in appeal by the CIT(A). The ld. AR submitted that in the peculiar facts and circumstances of the present case, it would his limited request that the addition may be confirmed to the extent of exempt income received in the year under consideration in terms of the judicial precedent available. The said request was not opposed by the ld. Sr.DR except for the submission that since there is no discussion in the orders about exempt income received, the fact may be verified. The ld. AR stated that he has no objection if the fact is verified. As per his information, exempt income available with the assessee is Rs. 83,318/-. In the light of the

ITA 1455 /CHD/2017 A.Y. 2012-13 Page 2 of 2

submissions of the parties before the Bench, the limited prayer of the assessee is allowed and the matter is restored to the AO with the direction to restrict the exempt income to the extent of income received. Said order was pronounced in the Open Court at the time of hearing itself. 3. In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the Open Court on 07.08.2018.

Sd/- Sd/- (Dr.B.R.R.KUMAR) ( DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ‘Poonam’ Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR Asstt. Registrar ITAT,Chandigarh.

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