What is 175 TTJ 180; (iv) Super Auto Forge (P.) Ltd. v. ACIT authority for?

Disallowance of expenditure related to earning exempt income is justified, even if no exempt income was actually earned by the assessee in a particular year.

How many judgments cite 175 TTJ 180; (iv) Super Auto Forge (P.) Ltd. v. ACIT?

10 judgments on BharatTax cite 175 TTJ 180; (iv) Super Auto Forge (P.) Ltd. v. ACIT (45 ITR 589), spanning 2017 to 2023.

175 TTJ 180; (iv) Super Auto Forge (P.) Ltd. v. ACIT (45 ITR 589)

Girnar Software Private Limited, 6Th Floor, Jaipur Textile Market, B-2, Near Model Town, Malviya Nagar, Jaipur vs. PCIT – 2, Jaipur, New Central Revenue Building

In the result, the appeal of the assessee is allowed

ITA 330/JPR/2023[2018-19]Status: DisposedITAT Jaipur28 Aug 2023AY 2018-19

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri PC Parwal, CAFor Respondent: Shri Arvind Kumar (CIT)

Section 142(1)Section 143(2)Section 14ASection 263

…be computed as per Rule 8D(2)(ii). In the case of the Appellant, owned funds of the Appellant are more than borrowed funds and therefore the case law is not applicable. • Nahar Spinning Mills Ltd. Vs CIT [2017] 395 ITR 12 (P&H) and Vipin Malik vs ACIT [2016] 45 ITR 589 (Del): In both these cases, the assessee had earned exempt exempted dividend and therefore courts held disallowance of expenditure on reasonable basis is justified. As mentioned above, in the case of the Appellant, no exempt income has been earned and therefore the case laws are not applicable. Thus, it is submitted that the order passed by the l…

ACIT, New Delhi vs. M/S Modland Wears Pvt. Ltd., New Delhi

In the result, the Ground Nos

ITA 3587/DEL/2011[2008-09]Status: DisposedITAT Delhi28 Jan 2020AY 2008-09

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2008-09

Section 143(3)Section 14A

…Ltd. Vs CIT [2017] 82 taxmann.com 154 (Punjab & Haryana) 7. Dy. CIT v. Virai Profiles Ltd. 156 ITD 721 46/ ITR 626/177 TTJ 466 8. NYK Line India Ltd. v. ACIT [175 TTJ 180/132 DTR 7] 9. Super Auto Forge (P.) Ltd. Vs. ACIT (157 JTD 467) 10. Vipin Malik Vs.ACIT (45 ITR 589) 11.4 The learned counsel of the assessee, on the other hand, relied on the submission made before the Ld. CIT(A) and C.O. No. 299/Del/2011 submitted that disallowance under rule 8D(2)(iii) of the Income Tax Rules, 1962, for administrative expenses cannot exceed the total expenses claimed in the profit and loss account. The Ld. counsel referred…

M/S. Unitech Infra- Con Ltd., New Delhi vs. DCIT, New Delhi

The appeal is allowed

ITA 6679/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Nov 2019AY 2010-11

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

Section 14ASection 14A(2)Section 250

…s. CIT [2017] 82 taxmann.com 154 (Punjab & Haryana). 6. Dy. CIT vs. Viraj Profiles Ltd. 156 ITD 72/46 ITR 626/177 TTJ 466 7. NYK Line India Ltd. vs. ACIT [175 TTJ 180 / 132 DTR 7]. 8. Super Auto Forge (P.) Ltd. vs. ACIT (156 ITD 467). 9. Vipin Malik vs. ACIT (45 ITR 589). [C.2] We have heard both sides and perused the materials on record and considered the precedents brought to our attention by both sides and also the precedents referred to in the records. We find from perusal of the assessment order that although the Assessing Officer has invoked Rule 8D of Income Tax Rules; he has not passed speaking order as…

Ntpc Ltd., New Delhi vs. DCIT, New Delhi

Appeal is allowed

ITA 4754/DEL/2015[2005-06]Status: DisposedITAT Delhi25 Apr 2019AY 2005-06

Bench: Shri R.K. Panda & Shri Kuldip Singh

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Pramita M. Biswas, CIT DR

Section 14ASection 37(1)Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘E’ : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.4754/Del./2015 (ASSESSMENT YEAR : 2005-06) M/s. NTPC Limited, vs. DCIT, Circle 13 (1), Core – 7, SCOPE Complex, New Delhi. 7, Institutional Area, Lodhi Road, New Delhi – 110 003. (PAN : AAACN0255D) ITA No.4183/Del./2015 (ASSESSMENT YEAR : 2005-06) DCIT, Circle 13 (1), vs. M/s. NTPC Limited, New Delhi. Core – 7, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi – 110 003. (PAN : AAACN0255D) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Ved Jain, Advoca…

DCIT, New Delhi vs. M/S Ntpc Ltd., New Delhi

Appeal is allowed

ITA 4183/DEL/2015[2005-06]Status: DisposedITAT Delhi25 Apr 2019AY 2005-06

Bench: Shri R.K. Panda & Shri Kuldip Singh

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Pramita M. Biswas, CIT DR

Section 14ASection 37(1)Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘E’ : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.4754/Del./2015 (ASSESSMENT YEAR : 2005-06) M/s. NTPC Limited, vs. DCIT, Circle 13 (1), Core – 7, SCOPE Complex, New Delhi. 7, Institutional Area, Lodhi Road, New Delhi – 110 003. (PAN : AAACN0255D) ITA No.4183/Del./2015 (ASSESSMENT YEAR : 2005-06) DCIT, Circle 13 (1), vs. M/s. NTPC Limited, New Delhi. Core – 7, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi – 110 003. (PAN : AAACN0255D) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Ved Jain, Advoca…

DCIT, New Delhi vs. M/S. Span India Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 245/DEL/2015[2010-11]Status: DisposedITAT Delhi01 Feb 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2010-11 Dcit, Vs. M/S. Span India Pvt. Ltd., Central Circle-20, New Delhi 227, Okhla Industrial Estate, Phase-Iii, New Delhi Pan :Aaacs0079A (Appellant) (Respondent) & C.O. No.245/Del/2015 [Arising Out Of Ita No.245/Del/2015] Assessment Year: 2010-11 M/S. Span India Pvt. Ltd., Vs. Dcit, 227, Okhla Industrial Estate, Central Circle-20, New Delhi Phase-Iii, New Delhi Pan :Aaacs0079A (Appellant) (Respondent) Department By Shri N.K. Bansal, Sr.Dr Assessee By Shri M.P. Rastogi, Adv. & Shri Deepak Malik, Adv.

Section 143(2)Section 14A

…15JB] 7. NYK Line India Ltd. v. ACIT T175 TTJ 180 /132 DTR 71 where Hon’ble ITAT Mumbai held that disallowance of expenditure - Exempt income- Disallowance of 5% expenditure on manpower was held to be justified (AY. 2007-08 , 2008-09) 8. Vipin Malik Vs.ACIT (45 ITR 589) Where Hon’ble ITAT Delhi held that disallowance of expenditure - Exempt income – No disallowance was made by the assessee- Invoking the provision read with rule 8D(2)(iii) was held to be justified [ R.8D ] (AY 2009- 10). C.O. No. 245/Del/2015 4. On the contrary, learned counsel for the assessee relied on the finding of the learned CIT(A) on the i…

DCIT, New Delhi vs. M/S. Mahalaxmi Designs Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 1991/DEL/2014[2010-11]Status: DisposedITAT Delhi23 Nov 2017AY 2010-11

Bench: Shri G.D. Agrawal, Before Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawal, G.D. Agrawal & And Shri Kuldip Singh Shri Kuldip Singhshri Kuldip Singh Shri Kuldip Singh

For Appellant: Ms. Shefali Swaroop, CIT-DRFor Respondent: Shri Ajay Wadhwa, Advocate and Ms. Bharti Sharma, CA

…16] 76 taxmann.com 268 (Delhi) and also the following decisions of the ITAT :- (i) DCIT Vs. Viraj Profiles Ltd. – 46 ITR 626. (ii) NYK Line India Ltd. Vs. ACIT – 175 TTJ 180. (iii) Super Auto Forge (P) Ltd. Vs. ACIT – 156 ITD 467. (iv) Vipin Malik Vs. ACIT – 45 ITR 589. 8. The learned counsel for the assessee, on the other hand, stated that in the case of the assessee, during the year under consideration, no business activities had commenced and it was only the borrowing and lending of the money during the year under consideration. The main object of the assessee is investment in real estate, but, in the year un…

DCIT, New Delhi vs. M/S. Srf Ltd., Gurgaon

In the result, the appeal of the Revenue is dismissed, and the appeal of the assessee is allowed in part for statistical purpose

ITA 3849/DEL/2013[2008-09]Status: DisposedITAT Delhi15 Nov 2017AY 2008-09

Bench: Sh.G.D.Agrawal, Hon’Ble & Sh.K.N.Charyvs Srf Ltd., Dcit, Circle-9(1), Room No.163, Block-C, Sector-45, Gurgaon. C.R. Building, New Delhi. Pan-Aaacs0206P (Appellant) (Respondent) Vs Jcit (Osd), Srf Ltd., Unitech Crest, Greenwood City, Circle-9(1), Block-C, Sector-45, Gurgaon-122003. New Delhi. Pan-Aaacs0206P (Appellant) (Respondent) Appellant By Sh.S.S.Rana, Cit Dr Respondent By Sh. Pradeep Dinodia, Ca & Sh. R.K.Kapoor, Ca Date Of Hearing 12.10.2017 Date Of Pronouncement 15.11.2017

Section 14Section 143(3)Section 14A

…the AO and vitiates the proceedings. He placed reliance on CIT vs Hero Management Service Ltd. (supra). Ld. DR placed reliance on Indiabulls Financial Services Ltd. vs DCIT [2016] 76 taxmann.com 268 (Delhi) & ITA No. 3849 & 3437/Del/2013 Vipin Malik vs ACIT 45 ITR 589 (ITAT, Del) and submitted that merely because the AO did not record his dissatisfaction about the assessee’s calculation, the conclusions cannot be rejected. However, on a reading of the judgement in Indiabulls Financial Services Ltd. vs DCIT (supra), we find that in that case, but for recording the dissatisfaction, the AO followed the procedure…

Srf Ltd., Gurgaon vs. JCIT (OSD), New Delhi

In the result, the appeal of the Revenue is dismissed, and the appeal of the assessee is allowed in part for statistical purpose

ITA 3437/DEL/2013[2008-09]Status: DisposedITAT Delhi15 Nov 2017AY 2008-09

Bench: Sh.G.D.Agrawal, Hon’Ble & Sh.K.N.Charyvs Srf Ltd., Dcit, Circle-9(1), Room No.163, Block-C, Sector-45, Gurgaon. C.R. Building, New Delhi. Pan-Aaacs0206P (Appellant) (Respondent) Vs Jcit (Osd), Srf Ltd., Unitech Crest, Greenwood City, Circle-9(1), Block-C, Sector-45, Gurgaon-122003. New Delhi. Pan-Aaacs0206P (Appellant) (Respondent) Appellant By Sh.S.S.Rana, Cit Dr Respondent By Sh. Pradeep Dinodia, Ca & Sh. R.K.Kapoor, Ca Date Of Hearing 12.10.2017 Date Of Pronouncement 15.11.2017

Section 14Section 143(3)Section 14A

…the AO and vitiates the proceedings. He placed reliance on CIT vs Hero Management Service Ltd. (supra). Ld. DR placed reliance on Indiabulls Financial Services Ltd. vs DCIT [2016] 76 taxmann.com 268 (Delhi) & ITA No. 3849 & 3437/Del/2013 Vipin Malik vs ACIT 45 ITR 589 (ITAT, Del) and submitted that merely because the AO did not record his dissatisfaction about the assessee’s calculation, the conclusions cannot be rejected. However, on a reading of the judgement in Indiabulls Financial Services Ltd. vs DCIT (supra), we find that in that case, but for recording the dissatisfaction, the AO followed the procedure…

M/S. Svp Industries Ltd., Muzaffarnagar vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 5646/DEL/2013[2009-10]Status: DisposedITAT Delhi06 Jul 2017AY 2009-10

Bench: : Smt. Diva Singh & Shri L.P. Sahu

Section 14A

…e impugned disallowance by resorting to section 14A read with Rule 8D of the IT Rules. Reliance is placed on the decision of Delhi High Court in Indiabulls Financial Services Ltd. vs. DCIT, 76 Taxmann. Com 268 and of ITAT, Delhi Bench in Vipin Malik vs. ACIT, 45 ITR 589. 5. We have considered the rival submissions and have gone through the entire material available on record and we find that no doubt, the similar issue as involved in the present appeal stands decided in favour of the assessee by ITAT, Delhi Bench in the case of assessee for A.Y. 2008-09, but in the attending facts and circumstances of the present…

175 TTJ 180; (iv) Super Auto Forge (P.) Ltd. v. ACIT