Maruti Udyog v. DCIT

92 ITD 119Income Tax Appellate Tribunal2005#1305 most cited

What is Maruti Udyog v. DCIT authority for?

The onus is on the revenue to establish the nexus between expenses incurred and exempt income before making a disallowance under section 14A.

87

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

Maruti Udyog v. DCIT · 92 ITD 119 · section 14A · disallowance · exempt income · nexus · onus on revenue · expenditure

Sections most often in play

Section 14ASection 143(3)Section 194CSection 194ISection 32Section 36(1)(viii)Section 40(a)(ia)Section 41(1)

Issues it is cited on

section 8d(2)(ii)section 14a(3)section 14(2)section 14a(1)section 8dsection 33bsection 134section 198section 80ia(5)section 36(1)(viii)section 194imanagement fees

Judgments citing Maruti Udyog v. DCIT

Avis Tie Up Pvt Ltd, Kolkata vs. D.C.I.T Cir - 11, Kolkata

In the result, assessee’s appeal is allowed

ITA 2029/KOL/2013[2009-10]Status: DisposedITAT Kolkata15 Jul 2016AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 143(2)Section 143(3)Section 14A

…diture incurred by the assessee to earn exempted income can be disallowed by the AO under s. 14A.—CIT vs. United General Trust Ltd. (1994) 116 CTR (SC) 194 : (1993) 200 ITR 488 (SC) distinguished; Maruti Udyog Ltd. vs. Dy. CIT (2005) 92 TTJ (Del) 987 : (2005) 92 ITD 119 (Del) relied on. Expenditure which the AO seeks to disallow under s. 14A should be actually incurred; there being no material with the AO to show that any expenditure was incurred in earning dividend income, nothing could be disallowed under s. 14A on estimate basis.” Respectfully following the proposition laid down in the aforesaid judgments an…

Avis Tie Up Pvt Ltd, Kolkata vs. D.C.I.T Cir - 11, Kolkata

In the result, assessee’s appeal is allowed

ITA 2028/KOL/2013[2008-09]Status: DisposedITAT Kolkata15 Jul 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 143(2)Section 143(3)Section 14A

…diture incurred by the assessee to earn exempted income can be disallowed by the AO under s. 14A.—CIT vs. United General Trust Ltd. (1994) 116 CTR (SC) 194 : (1993) 200 ITR 488 (SC) distinguished; Maruti Udyog Ltd. vs. Dy. CIT (2005) 92 TTJ (Del) 987 : (2005) 92 ITD 119 (Del) relied on. Expenditure which the AO seeks to disallow under s. 14A should be actually incurred; there being no material with the AO to show that any expenditure was incurred in earning dividend income, nothing could be disallowed under s. 14A on estimate basis.” Respectfully following the proposition laid down in the aforesaid judgments an…

Maruti Suzuki India Ltd., New Delhi vs. Addl. CIT, New Delhi

Appeal is allowed

ITA 5720/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Jul 2016AY 2007-08

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2007-08 Assessment Year: 2007-08 Maruti Suzuki India Ltd., Vs. Additional Cit, Plot No.1, Nelson Mandela Road, Range-6, Vasant Road, New Delhi. New Delhi. (Pan: Aaacm0829Q) (Appellant) (Respondent) Assessee By: S/Shri Ajay Vohra, Sr. Adv. Neeraj Jain, Rohit Jain, Adv. Romit Katyal & Ms. Tejasvi Jain, Cas Department By:Shri Amrendra Kumar, Cit(Dr)

For Appellant: S/Shri Ajay Vohra, Sr. Adv. NeerajFor Respondent: Shri Amrendra Kumar, CIT(DR)

…am Holdings Pvt. Ltd. v. ACIT : ITA No. 1259/Ahd/2006 (Ahd) Max India Limited v. DCIT: ITA No. 103/2006 (Amr) Dy. CIT v. Jammu & Kashmir Bank Ltd.: 142 ITD 553(Asr.) 17.14 Furthermore, in the assessee’s own case for the assessment year 1999-2000 reported in 92 ITD 119, the Tribunal was pleased to delete the disallowance made under section 14A of the Act. The ITAT for AY 2001-02 has restored the issue to file of A.O. for re-adjudication in line with decision of the Special Bench of the Tribunal in the case of ITO v Daga Capital Management Pvt. Ltd. reported in 312 ITR (AT). The appellant has not accepted the dec…

Ge Capital Services India vs. Addl CIT Range 2

In the result, the appeals of the assessee and Revenue are partly allowed for

ITA 2898/DEL/2007[2000-2001]Status: DisposedITAT Delhi06 Jun 2016AY 2000-2001

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

Section 14ASection 234DSection 45J

…No.6 of the assessee. 2.1. Ground No. 1 in the assessee’s appeal was stated to be general. 3. Addressing Ground No. 2 in assessee’s appeal, the Ld. AR invited attention to the facts recorded on page 3 of the assessment order. Relying on the same it was his 92 ITD 119 (Del.) which has been upheld by the CIT(A) also at pages 2 and 3 of his order. It was his submission that the AO after holding that the expenditure incurred was for an application software erred in holding it to be capital in nature. Relying upon the past position it was submitted that the ITAT vide its order dated 10/06/2015 in 2000-01 assessm…

DCIT Circle 12 (1) vs. G.E. Capital Services India

In the result, the appeals of the assessee and Revenue are partly allowed for

ITA 2808/DEL/2007[2001-2002]Status: DisposedITAT Delhi06 Jun 2016AY 2001-2002

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

Section 14ASection 234DSection 45J

…No.6 of the assessee. 2.1. Ground No. 1 in the assessee’s appeal was stated to be general. 3. Addressing Ground No. 2 in assessee’s appeal, the Ld. AR invited attention to the facts recorded on page 3 of the assessment order. Relying on the same it was his 92 ITD 119 (Del.) which has been upheld by the CIT(A) also at pages 2 and 3 of his order. It was his submission that the AO after holding that the expenditure incurred was for an application software erred in holding it to be capital in nature. Relying upon the past position it was submitted that the ITAT vide its order dated 10/06/2015 in 2000-01 assessm…

ACIT Cir 4(2), Mumbai vs. Visaria Securities P.Ltd, Mumbai

In the result, the Revenue’s appeal for A

ITA 6900/MUM/2013[2010-11]Status: DisposedITAT Mumbai11 May 2016AY 2010-11

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainacit, Circle 4(2) M/S. Visaria Securities P. Ltd. Room No. 642, 6Th Floor 301-A, Commerce House Vs. Aayakar Bhavan, M.K. Road 140, N.M. Road, Fountain Mumbai 400020 Mumbai 400001 Pan - Aaacv7721L Appellant Respondent

For Respondent: Shri Niraj D. Sheth
Section 143(3)Section 14ASection 94(7)

…presumptions. In "ACIT vs. Eicher Ltd ", 101 TTJ(Del.) 369, that it was held that the burden is on the AO to establish nexus of expenses incurred with the earning of exempt income, before making any disallowance u/s 14A of the Act. In "Meruti Udyog vs. DCIT, 92 ITD 119 (Del), it has been held that before making any disallowance u/s.14A of the Act, 'the onus to establish the nexus of the same with the exempt income, is on the revenue. In "Wimco Seedlings Limited v s. DCIT', .107 ITO 267 (Del.) (TM), it has been held that .there can be no presumption that the assessee must have incurred expenditure to earn tax fre…

Yardley Investment & Trading Co. Ltd, Mumbai vs. CIT(A) -3, Mumbai

Accordingly the appeal filed by the assessee is hereby allowed for statistical purpose

ITA 5419/MUM/2015[2012-13]Status: DisposedITAT Mumbai29 Feb 2016AY 2012-13

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5419/M/15 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Yardley Investment & Income Tax Officer 1(3)(2) बनाम/ Trading Co. Pvt. Ltd. Aayakar Bhavan, M.K.Road, Vs. 01, Pearl Mansion, (N)(91), Mumbai - 400020 M. K. Road, Mumbai - 400013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacy0327M

For Appellant: NoneFor Respondent: Shri. V. S. Jadhav
Section 14Section 14A

…ings Ltd. Vs. DCIT (Income Tax Appellate Tribunal, Delhi Third Member)(107 ITD 267), CIT Vs. Hero Cycles (Panjab & Haryana High Court) (323 ITR 518), ACIT Vs. Eicher Ltd. (ITAT Delhi) (101 TTJ 369), Maruti Udyog Vs. DCIT (Income Tax Appellate Tribunal, Delhi) 92 ITD 119 and Hindustan Paper Corporations Ltd. V. DCIT (Income Tax Appellate Tribunal Kolkata Bench Judgement dated 22.08.2012) ITA No. 47/Kol/2012. 4.1 On the other hand learned representative of the Department has refuted the said contention. A.Y. 2012-13 4.2 Keeping in view of the arguments advanced by the representative of department and perusing the…