DCIT v. Jammu and Kashmir Bank Ltd.

Maruti Suzuki India Ltd., New Delhi vs. DCIT, New Delhi

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

…Engineering India Ltd: 370 ITR 338 (Del) 9. He submitted that no disallowance out of administrative expenditure can be made and relied on the following decisions :-  SIL Investment Ltd. v. ACIT: 148 TTJ 213 (Del. Trib.)  DCIT v. Jammu and Kashmir Bank Ltd: 152 TTJ 522 (Asr. Trib.) 10. With regard to investments not resulting in exempt income to be excluded, ld. AR relied on the following decisions :-  PCIT v. Caraf Builders & Constructions (P.) Ltd.: 414 ITR 122 (Del) – SLP filed by the Department dismissed in SLP(C) No. 25130/2019 reported in 268 Taxman 317  ACB India Ltd. v. ACIT: 374 ITR 108 (Del.)  REI…

DCIT, New Delhi vs. M/S. Maruti Suzuki India Ltd., New Delhi

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

…Engineering India Ltd: 370 ITR 338 (Del) 9. He submitted that no disallowance out of administrative expenditure can be made and relied on the following decisions :-  SIL Investment Ltd. v. ACIT: 148 TTJ 213 (Del. Trib.)  DCIT v. Jammu and Kashmir Bank Ltd: 152 TTJ 522 (Asr. Trib.) 10. With regard to investments not resulting in exempt income to be excluded, ld. AR relied on the following decisions :-  PCIT v. Caraf Builders & Constructions (P.) Ltd.: 414 ITR 122 (Del) – SLP filed by the Department dismissed in SLP(C) No. 25130/2019 reported in 268 Taxman 317  ACB India Ltd. v. ACIT: 374 ITR 108 (Del.)  REI…

DCIT, New Delhi vs. M/S. Hero Honda Motors Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2005-06

…India) (P.) Ltd. vs. ACIT: 22 SOT 368 (Del. ITAT) - Minda Investments Ltd. vs. DCIT: 48 SOT 169 (Del. ITAT) - PukhrajChunilalBafna vs. DCIT: 65 SOT 187 (Mum. ITAT) - DCIT vs. Smita Conductors Ltd.: 16 SOT 251 (Mum. ITAT) - DCIT vs. Jammu and Kashmir Bank Ltd: 152 TTJ 522 (Amr. ITAT) - CIT v. Catholic Syrian Bank Ltd.:237 CTR 164/207 Taxman 2 (Kar.) 3.0.6 The Ld. AR submitted that in the present case, no expenditure was incurred to earn exempt income. The expenses debited in the profit and loss account pertained to main business activity of manufacturing two wheelers and were unrelated to earning of dividend inco…

M/S. Hero Motocorp Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2005-06

…India) (P.) Ltd. vs. ACIT: 22 SOT 368 (Del. ITAT) - Minda Investments Ltd. vs. DCIT: 48 SOT 169 (Del. ITAT) - PukhrajChunilalBafna vs. DCIT: 65 SOT 187 (Mum. ITAT) - DCIT vs. Smita Conductors Ltd.: 16 SOT 251 (Mum. ITAT) - DCIT vs. Jammu and Kashmir Bank Ltd: 152 TTJ 522 (Amr. ITAT) - CIT v. Catholic Syrian Bank Ltd.:237 CTR 164/207 Taxman 2 (Kar.) 3.0.6 The Ld. AR submitted that in the present case, no expenditure was incurred to earn exempt income. The expenses debited in the profit and loss account pertained to main business activity of manufacturing two wheelers and were unrelated to earning of dividend inco…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…herein the Tribunal held that no disallowance could be made under Section 14A of the Act out of audit fees, normal travelling expenses, etc. The Ld. AR also referred the decision of Amritsar Bench of the Tribunal in case of DCIT v. Jammu and Kashmir Bank Ltd. 152 TTJ 522. In the light of the aforesaid, the Ld. AR submitted that there is no rationale/justification as to how Rs.3 lac of administrative expenditure could be assumed to be incurred for earning exempt income, which is received automatically by direct transfer to the bank account of the assessee. In this regard, the Ld. AR pointed out that in the subsequ…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…herein the Tribunal held that no disallowance could be made under Section 14A of the Act out of audit fees, normal travelling expenses, etc. The Ld. AR also referred the decision of Amritsar Bench of the Tribunal in case of DCIT v. Jammu and Kashmir Bank Ltd. 152 TTJ 522. In the light of the aforesaid, the Ld. AR submitted that there is no rationale/justification as to how Rs.3 lac of administrative expenditure could be assumed to be incurred for earning exempt income, which is received automatically by direct transfer to the bank account of the assessee. In this regard, the Ld. AR pointed out that in the subsequ…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…herein the Tribunal held that no disallowance could be made under Section 14A of the Act out of audit fees, normal travelling expenses, etc. The Ld. AR also referred the decision of Amritsar Bench of the Tribunal in case of DCIT v. Jammu and Kashmir Bank Ltd. 152 TTJ 522. In the light of the aforesaid, the Ld. AR submitted that there is no rationale/justification as to how Rs.3 lac of administrative expenditure could be assumed to be incurred for earning exempt income, which is received automatically by direct transfer to the bank account of the assessee. In this regard, the Ld. AR pointed out that in the subsequ…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…herein the Tribunal held that no disallowance could be made under Section 14A of the Act out of audit fees, normal travelling expenses, etc. The Ld. AR also referred the decision of Amritsar Bench of the Tribunal in case of DCIT v. Jammu and Kashmir Bank Ltd. 152 TTJ 522. In the light of the aforesaid, the Ld. AR submitted that there is no rationale/justification as to how Rs.3 lac of administrative expenditure could be assumed to be incurred for earning exempt income, which is received automatically by direct transfer to the bank account of the assessee. In this regard, the Ld. AR pointed out that in the subsequ…

Triveni Engineering & Industries Ltd., Noida vs. Addl. CIT, New Delhi

Bench: Shri R. K. Panda & Ms Suchitra Kamble

…herein the Tribunal held that no disallowance could be made under Section 14A of the Act out of audit fees, normal travelling expenses, etc. The Ld. AR also referred the decision of Amritsar Bench of the Tribunal in case of DCIT v. Jammu and Kashmir Bank Ltd. 152 TTJ 522. In the light of the aforesaid, the Ld. AR submitted that there is no rationale/justification as to how Rs.3 lac of administrative expenditure could be assumed to be incurred for earning exempt income, which is received automatically by direct transfer to the bank account of the assessee. In this regard, the Ld. AR pointed out that in the subsequ…

Niit Technologies Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…aid to be ITA Nos. 5524 & 5525/Del/2013 relatable to earning of exempt income by the assessee company ” (emphasis supplied) Reference in this regard is made to the decision of Amritsar bench of the Tribunal in the case of DCIT v. Jammu and Kashmir Bank Ltd: 152 TTJ 522 wherein it was held as under: “16. The arguments made by the learned counsel for the assessee and submissions made before the authorities below by him are convincing to the Bench that administrative and other expenses are fixed irrespective of the fact whether or not tax-free income is earned and therefore, these expenses cannot be said to be re…

Niit Technologies Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…aid to be ITA Nos. 5524 & 5525/Del/2013 relatable to earning of exempt income by the assessee company ” (emphasis supplied) Reference in this regard is made to the decision of Amritsar bench of the Tribunal in the case of DCIT v. Jammu and Kashmir Bank Ltd: 152 TTJ 522 wherein it was held as under: “16. The arguments made by the learned counsel for the assessee and submissions made before the authorities below by him are convincing to the Bench that administrative and other expenses are fixed irrespective of the fact whether or not tax-free income is earned and therefore, these expenses cannot be said to be re…

ACIT, New Delhi vs. M/S Niit Technologies Ltd., New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…aid to be ITA Nos. 5524 & 5525/Del/2013 relatable to earning of exempt income by the assessee company ” (emphasis supplied) Reference in this regard is made to the decision of Amritsar bench of the Tribunal in the case of DCIT v. Jammu and Kashmir Bank Ltd: 152 TTJ 522 wherein it was held as under: “16. The arguments made by the learned counsel for the assessee and submissions made before the authorities below by him are convincing to the Bench that administrative and other expenses are fixed irrespective of the fact whether or not tax-free income is earned and therefore, these expenses cannot be said to be re…

ACIT, New Delhi vs. M/S Niit Technologies Ltd., New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

…aid to be ITA Nos. 5524 & 5525/Del/2013 relatable to earning of exempt income by the assessee company ” (emphasis supplied) Reference in this regard is made to the decision of Amritsar bench of the Tribunal in the case of DCIT v. Jammu and Kashmir Bank Ltd: 152 TTJ 522 wherein it was held as under: “16. The arguments made by the learned counsel for the assessee and submissions made before the authorities below by him are convincing to the Bench that administrative and other expenses are fixed irrespective of the fact whether or not tax-free income is earned and therefore, these expenses cannot be said to be re…