Maxopp Investment Ltd. v. CIT

402 ITR 640Supreme Court of India2018#21 most cited

What is Maxopp Investment Ltd. v. CIT authority for?

Disallowance under Section 14A is not automatic and requires the Assessing Officer to record satisfaction before applying Rule 8D. Only investments yielding exempt income are considered for disallowance, irrespective of their strategic nature.

1,596

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2016 to 2026.

Also referred to as

Maxopp Investment Ltd v CIT · Maxopp SC 2018 · Section 14A disallowance · Rule 8D application · expenditure for exempt income · only dividend bearing investments · satisfaction Section 14A(2) · strategic investment disallowance · disallowance not automatic · 402 ITR 640

Also reported as

91 Taxmann.com 154254 Taxmann 325301 CTR 489

Issues it is cited on

Judgments citing Maxopp Investment Ltd. v. CIT

M/S. Ahiliabai Sardessai, Panaji vs. Assistant Commissioner of Income Tax Circle 1(1), Panaji

In the result, appeal of assessee is allowed

ITA 450/PAN/2018[2015-16]Status: DisposedITAT Panaji29 Aug 2022AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2015-16 M/S. Ahiliabai Sardessai Assistant Commissioner Of 301, Lotus Court, M. G. Income-Tax, Circle-1(1), Vs. Road, St. Inwz Junction, Panaji. Panaji, Goa-403001. (Pan: Aagfa9044G) (Appellant) (Respondent) Present For: Appellant By : Shri N. J. Prabhudesai, Ar Respondent By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 17.06.2022 Date Of Pronouncement : 30.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A), Panaji-1 Vide Ita No. Cit(A), Pnj-1/10391/2017-18 Dated 14.09.2018 For A.Y. 2015-16 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit, Circle-1(1), Panaji, Goa Dated 13.12.2017. 2. Shri N. J. Prabhudesai, Ar Appeared On Behalf Of The Assessee & Shri Mayur Kamble, Sr. Dr Appeared On Behalf Of The Revenue.

For Appellant: Shri N. J. Prabhudesai, ARFor Respondent: Shri Mayur Kamble, Sr. DR
Section 10(34)Section 10(38)Section 143(3)Section 14A

…the correctness of the claim of the assessee that the provisions of section 14A read with Rule 8D(2)(ii) and (iii) could be invoked. For this he also placed reliance on the decision of Hon’ble Supreme Court in the case of Maxopp Investment Ltd. Vs. CIT (2018) 402 ITR 640 (SC). 5.2. He further referred to the decision of Hon’ble jurisdictional High Court of Bombay, Panaji Bench in the case of CIT Vs. Sociedade De Fomento Industrial Pvt. Ltd. (supra) which was relied on by the Coordinate Bench of ITAT, Panaji while deciding the issue in favour of the assessee. Ld. Counsel for the assessee referred to the substanti…

Kumar Properties and Real Estate Pvt.Ltd, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 684/PUN/2018[2014-15]Status: DisposedITAT Pune25 Aug 2022AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.684/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Kumar Properties & Real Vs. Dcit, Circle-14, Pune. Estate Pvt. Ltd., 1St Floor, Kumar Capital, East Street, Camp, Pune-411001. Pan : Aaack7490H Appellant Respondent Assessee By : Shri Rajan R. Vora & Shri Rajendra Agiwal Revenue By : Shri Abhinay S. Kumbhar Date Of Hearing : 19.07.2022 Date Of Pronouncement : 25.08.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 7, Pune [‘The Cit(A)’] Dated 23.02.2018 For The Assessment Year 2014-15. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Engaged In The Business Of Promoter & Developer Of The Housing Project. The Return Of Income For The Assessment Year

For Appellant: Shri Rajan R. Vora &For Respondent: Shri Abhinay S. Kumbhar
Section 143(3)Section 14ASection 22

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.684/PUN/2018 िनधा"रण वष" / Assessment Year: 2014-15 Kumar Properties and Real Vs. DCIT, Circle-14, Pune. Estate Pvt. Ltd., 1st Floor, Kumar Capital, East Street, Camp, Pune-411001. PAN : AAACK7490H Appellant Respondent Assessee by : Shri Rajan R. Vora & Shri Rajendra Agiwal Revenue by : Shri Abhinay S. Kumbhar Date of hearing : 19.07.2022 Date of pronouncement : 25.08.2022 आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by t…