PCIT v. Wockhardt Hospitals Ltd.

192 DTR 289High Court2020#17085 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2023.

Issues it is cited on

disallowance u/s 14adisallowance under section 14asection 14asection 11section 142(1)previous yearsection 143(2)prescribedcompanysection 14indiatotal income

Judgments citing PCIT v. Wockhardt Hospitals Ltd.

Sh. Nawal Kishore Dangayach, A-34-A, Ram Nagar, Shastri Nagar, Jaipur vs. ACIT, Circle-4, Jaipur

In the result, appeal of the assessee is partly allowed

ITA 304/JPR/2023[2016-17]Status: DisposedITAT Jaipur10 Oct 2023AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Smt. Monisha Choudhary ( Addl. CIT) a
Section 14ASection 37

…ring relevant previous year. CIT Vs. Visual Graphics Computing Services India Pvt. Ltd. (2020) 195 DTR 397 (Mad.) (HC) Section 14A cannot be invoked when no exempt income was earned by the assessee in the relevant year. PCIT Vs. Wockhardt Hospitals Ltd (2020) 192 DTR 289 (Bom) (HC) Assessee had not earned any exempt income during the assessment year under consideration nor it had claimed any expenditure against any tax free income, AO was not justified in making the disallowance by invoking s. 14A r/w rule 81. 2. The Ld. CIT(A) has relied on the explanation inserted by Finance Act, 2022 with effect from 01.04.20…

M/S Eternal Heart Care Centre & Research Institute Pvt. Ltd., 3A, Jagatpura Road, Near Jawahar Circle, Jaipur vs. PCIT, Jaipur-2, Jaipur

In the result, appeal filed by the assessee is allowed

ITA 263/JPR/2023[2018-19]Status: DisposedITAT Jaipur06 Sept 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Yogesh Parwal, CA &For Respondent: Shri James Kurian, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 14ASection 263Section 271A

…ing relevant previous year. CIT Vs. Visual Graphics Computing Services India Pvt. Ltd. (2020) 195 DTR 397 (Mad.) (HC) Section 14A cannot be invoked when no exempt income was earned by the assessee in the relevant year PCIT Vs. Wockhardt Hospitals Ltd (2020) 192 DTR 289 (Bom) (HC) Assessee had not earned any exempt income during the assessment year under consideration nor it had claimed any expenditure against any taxfree income, AO was not justified in making the disallowance by invoking s. 14A r/w rule 8D. 8 M/S. ENTERNAL HEART CARE CENTRE & RESEARCH INSTITUTE PVT. LTD VS PR. CIT, JAIPIR 2 M/s O S Motors Pvt…

Girnar Software Private Limited, 6Th Floor, Jaipur Textile Market, B-2, Near Model Town, Malviya Nagar, Jaipur vs. PCIT – 2, Jaipur, New Central Revenue Building

In the result, the appeal of the assessee is allowed

ITA 330/JPR/2023[2018-19]Status: DisposedITAT Jaipur28 Aug 2023AY 2018-19

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri PC Parwal, CAFor Respondent: Shri Arvind Kumar (CIT)
Section 142(1)Section 143(2)Section 14ASection 263

…al Graphics Computing Services India Pvt. Ltd. (2020) 195 DTR 397 (Mad.) (HC): Section 14A cannot be invoked when no exempt income was earned by the assessee in the relevant year 15 Girnar Software Pvt. Ltd., Jaipur. • PCIT vs Wockhardt Hospitals Ltd (2020) 192 DTR 289 (Bom) (HC): Assessee had not earned any exempt income during the assessment year under consideration nor it had claimed any expenditure against any taxfree income, AO was not justified in making the disallowance by invoking s. 14A r/w rule 8D. • M/s O S Motors Pvt Ltd vs PCIT ITA No. 54/Jodh/2022 order dated 16 January 2023 [PB 81-84]: Relevant e…

Mukta Arts Limited, Mumbai vs. ACIT 16(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 670/MUM/2023[2017-18]Status: DisposedITAT Mumbai19 May 2023AY 2017-18
Section 115JSection 143(3)Section 14A

…ing the year and therefore, as held by the Jurisdictional High Court in the following cases, no disallowance u/s.14A can be made  PCIT v. Kohinoor Project Pvt Ltd (2020) 425 ITR 700 / (2021) 276 Taxman 180 (Bom.)(HC)  PCIT v. Wockhardt Hospitals Ltd. (2020) 192 DTR 289 / 316 CTR 157(Bom.)(HC) 5. Similarly, once no addition u/s.14A is made, no adjustment can be made in the book profit computed u/s.115JB. Otherwise also adjustment of computation u/s.14A cannot be made u/s.115JB in view of the following judgments:-  Asstt. CIT v. Vireet Investment (P) Ltd. [2017] 82 taxmann.com 415/ 165 ITD 27 (SB).(Delhi)(Trib)…

Hari Kumar Ruliram Sharma, Mumbai vs. Income Tax Officer, Ward-17(1) (5), Mumbai

In the result, the appeal filed by the assessee is partly allowed

ITA 1941/MUM/2022[2014-15]Status: DisposedITAT Mumbai25 Nov 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Hari Kumar Ruliram Sharma, Income Tax Officer, Ward-17(1)(5), 110 Sterling Chambers, Poona Aayakar Bhavan, M.K. Road, Street, Masjit Bunder (East), Vs. Churchgate, Mumbai-400-009. Mumbai-400020. Pan No. Aaups 1542 F Appellant Respondent : Assessee By Mr. M. Subramanian, Ar : Revenue By Mr. Tejinder Pal Singh Anand, Dr Date Of Hearing : 21/11/2022 : Date Of Pronouncement 25/11/2022

For Respondent: Assessee by Mr. M. Subramanian, AR
Section 14ASection 2(22)(e)Section 9

…n view of the decision of the earned by the assessee and therefore, in view of the decision of the Hon’ble Bombay High Court in the case of PCIT v. Wockhardt PCIT v. Wockhardt Hon’ble Bombay High Court in the case of Hari Kumar Ruliram Sharma 8 Hospitals Ltd. 192 DTR 289 (Bom) Hospitals Ltd. 192 DTR 289 (Bom), no disallowance is called for , no disallowance is called for where there is no exepted income in the hands of the assessee. where there is no exepted income in the hands of the assessee. where there is no exepted income in the hands of the assessee. Further, the Ld. Counsel submitted that Hon’ble Delhi Hig…