Joint Investments Pvt. Ltd. v. CIT

372 ITR 694High Court2015#63 most cited

What is Joint Investments Pvt. Ltd. v. CIT authority for?

Disallowance under section 14A of the Income Tax Act cannot exceed the actual amount of exempt income earned by the assessee. This principle also applies when computing book profits under section 115JB.

803

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Joint Investments Pvt. Ltd. v. CIT · section 14A disallowance · exempt income expenditure limit · Rule 8D · section 115JB book profit · disallowance cannot exceed exempt income · Joint Investments · Delhi High Court 2015

Issues it is cited on

Judgments citing Joint Investments Pvt. Ltd. v. CIT

ACIT Central Circle 3(1), Chennai vs. Pn Power Generating Company P Ltd., Chennai

In the result, Ground Nos

ITA 1631/CHNY/2017[2011-12]Status: DisposedITAT Chennai06 Jan 2020AY 2011-12

Bench: Shri George Mathan & Shri Inturi Rama Raoआयकर अपील सं./Ita No.1631/Chny/2017 धनिाजरण वर्ज Assessment Year: 2011-12 The Assistant Commissioner Of M/S. Ppn Power Generating Income Tax, Company P. Limited, Central Circle 3 (1), Vs. Jhaver Plaza, Iii Floor, No.46, Nungambakkam High Road, No.1A, Nungambakkam High Chennai – 600 034. Road, Chennai – 600 034 [Pan: Aabcp 8131D] (अपीलार्थी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/ Appellant By : Mr. A. Sundararajan, Addl.Cit प्रत्यथी की ओर से /Respondent By : Mr. S. Vidya, Advocate सुनवाई की तारीख/Date Of Hearing : 06.01.2020 घोर्णा की तारीख /Date Of Pronouncement : 06.01.2020 आदेश / O R D E R Per George Mathan: This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-3 Chennai In I.T.A. No.98/2015-16/Cit(A)-3 Dated 28.03.2017 For The Assessment Year 2011- 12. 2. Mr. A. Sundararajan, Additional Cit Represented On Behalf Of The Revenue & Mr. S. Vidya Represented On Behalf Of The Assessee. :- 2 -:

For Appellant: Mr. A. Sundararajan, Addl.CITFor Respondent: Mr. S. Vidya, Advocate

…ance u/s.14A should not exceed the exempt income itself as attained finality. The issue is also squarely covered by the :- 8 -: decision of the Hon’ble Delhi High Court in the case of Joint Investment Private Limited Vs. Commissioner of Income Tax reported in 372 ITR 694. In the circumstances, as it is that the learned CIT(A) has followed judicial discipline in following the decision of the Co-ordinate Bench of this Tribunal, as also it is noticed that the issue is now squarely covered by the decision of the Hon’ble Delhi High Court and against which the S.L.P by the Revenue is also dismissed, the findings of the…

T.K.M.Global Logistics Limited, Kolkata vs. ACIT, Ward - 15(1), Kolkata

In the result, appeal of the assessee is allowed in part

ITA 83/KOL/2018[2013-14]Status: DisposedITAT Kolkata11 Dec 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2013-14 Tkm Global Logistics Limited.........………........................................................……………….…......Appellant Room No. 710 & 711 7Th Floor Diamond Heritage 16, Strand Road Kolkata – 700 001 [Pan : Aabct 2426 M] Vs. Asstt. Commissioner Of Income Tax, Ward-15(1), Kolkata………..........….………....…....Respondent Appearances By: Mr. Ajit Korde, Advocate & Ms. Rachna Agarwal, Ca, Appeared On Behalf Of The Assessee. Dr. P.K. Srihari, Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 26Th, 2019 Date Of Pronouncing The Order : December 11Th, 2019 Order Per J. Sudhakar Reddy, Am :-

Section 144C(5)Section 14ASection 154Section 92Section 92CSection 92C(3)

…stricted to this figure in view of the judgment of the Hon’ble Delhi High Court in the restricted to this figure in view of the judgment of the Hon’ble Delhi High Court in the case of Joint Investment (P) L Joint Investment (P) Ltd. vs. CIT reported in [2015] 372 ITR 694 (Delhi) [2015] 372 ITR 694 (Delhi). The Assessing Officer has disallowed an amount of Rs.13,89,779/ Assessing Officer has disallowed an amount of Rs.13,89,779/-, in this case. Respectfully, , in this case. Respectfully, following the judgment in the case of following the judgment in the case of Joint Investment (P) Ltd. (supra) Joint Investment (…