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 367,181 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

Hathway Cable and Datacom Limited, Mumbai vs. ACIT - Circle -12(2)(2), Mumbai

In the result, appeal of the assessee is allowed and appeal of the revenue is dismissed

ITA 3047/MUM/2018[2012-13]Status: DisposedITAT Mumbai17 Jul 2019AY 2012-13

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am M/S. Hathway Cable & Vs. The Assistant Commissioner Datacom Limited Of Income Tax, Circle- Rahejas, 1St Floor 12(2)(2) Corners Of Main Avenue & Mumbai V.P.Road, Santa Cruz (West) Mumbai – 400 054 Pan/Gir No. Aaacc6814B (Appellant) .. (Respondent) The Deputy Commissioner Vs. M/S. Hathway Cable & Of Income- Tax Datacom Limited Rahejas, 4Th Floor Circle-12(2)(2), Room No.145, 1St Floor, Corners Of Main Avenue & Aayakar Bhavan V.P.Road M.K.Road Santacruz (W) Mumbai-400 020 Mumbai – 400054 Pan/Gir No.Aaacc6814B (Appellant) .. (Respondent) Assessee By Shri Nitesh Joshi & Shri Manoj C. Dixit Revenue By Shri Manoj Kumar Singh Date Of Hearing 15/07/2019 Date Of Pronouncement 17/07/2019 आदेश / O R D E R Per M. Balaganesh (A.M): This Appeal In Ita No.3047/Mum/2018 For A.Y.2012-13 Arises Out Of The Order By The Ld. Commissioner Of Income Tax (Appeals)-20, M/S. Hathway Cable Of Datacom Ltd.

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “H”, BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM M/s. Hathway Cable & Vs. The Assistant Commissioner Datacom Limited of Income Tax, Circle- Rahejas, 1st Floor 12(2)(2) Corners of Main Avenue & Mumbai V.P.Road, Santa Cruz (West) Mumbai – 400 054 PAN/GIR No. AAACC6814B (Appellant) .. (Respondent) The Deputy Commissioner Vs. M/s. Hathway Cable and of Income- Tax Datacom Limited Rahejas, 4th Floor Circle-12(2)(2), Room No.145, 1st Floor, Corners of Main Avenue & Aayakar Bhavan V.P.Road M.K.Road Santacruz (W) Mumbai-400 020 Mumbai – 400054 PAN/GIR No.AAACC6…