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“disallowance under section 14A”

DisallowancesSection 14ASection 14A2,288 judgments

The decision most relied on for disallowance under section 14A is CIT v. Reliance Petroproducts Pvt. Ltd. (322 ITR 158), cited in 2,228 judgments on BharatTax.

Leading authorities on disallowance under section 14A

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

Maxopp Investment Ltd. v. CIT
402 ITR 640 · 2018 · Supreme Court
1,596
citing judgments

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.

Cheminvest Ltd. v. CIT
378 ITR 33 · 2015 · High Court
1,569
citing judgments

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

ACIT v. Vireet Investment Pvt. Ltd.
165 ITD 27 · 2017 · ITAT
882
citing judgments

No disallowance under section 14A can be made while computing book profits under section 115JB unless the expenditure is debited to the profit and loss account and satisfies clause (f) of Explanation 1 to section 115JB(2).

Judgments citing disallowance under section 14A

DCIT- 3(4), Mumbai vs. M/S Reliance Industries Limited, Mumbai

In the result, both the appeals of the assessee and both the appeals of the revenue are treated as partly allowed

ITA 2588/MUM/2022[2018-19]Status: DisposedITAT Mumbai18 Oct 2023AY 2018-19

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 14ASection 250(6)Section 32Section 35

Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal ... Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal

DCIT-3(4), Mumbai vs. M/S Reliance Industries Limited, Mumbai

In the result, both the appeals of the assessee and both the appeals of the revenue are treated as partly allowed

ITA 2587/MUM/2022[2017-18]Status: DisposedITAT Mumbai18 Oct 2023AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 14ASection 250(6)Section 32Section 35

Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal ... Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal

Reliance Industries Limited, Mumbai vs. Dy Commissioner of Income Tax Circle-3(4), Mumbai

In the result, both the appeals of the assessee and both the appeals of the revenue are treated as partly allowed

ITA 2318/MUM/2022[2017-18]Status: DisposedITAT Mumbai18 Oct 2023AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 14ASection 250(6)Section 32Section 35

Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal ... Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal

Reliance Industries Ltd., Mumbai vs. ACIT Circle 3(4), Mumbai

In the result, both the appeals of the assessee and both the appeals of the revenue are treated as partly allowed

ITA 2317/MUM/2022[2018-19]Status: DisposedITAT Mumbai18 Oct 2023AY 2018-19

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 14ASection 250(6)Section 32Section 35

Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal ... Disallowance u/s 14A read with Rule 8D of the Income-tax Rules 1962 4. Erred in directing the learned AO to compute the disallowance under section 14A of the Act, by invoking the provisions of Rule 8D of the Income tax Rules 1962 (the Rules') while computing income under normal

Groz Engineering Tools Pvt. Ltd., New Delhi vs. ACIT, Circle- 10(2), New Delhi

In the result, the appeal of the assessee is allowed

ITA 2354/DEL/2019[2015-16]Status: DisposedITAT Delhi18 Oct 2023AY 2015-16

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 2354/Del/2019 : Asstt. Year : 2015-16 M/S Groz Engineering Tools (P) Ltd., Vs Acit, Khasra No. 74/9/1/74/12/2, 74/8, Circle-10(2), Tehsil Vasant Vihar, Village Bijwasan, New Delhi Najafgarh Road, New Deli-110061 (Appellant) (Respondent) Pan No. Aabcg4017H Assessee By : Sh. Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By : Sh. Amitabh K. Sinha, Cit-Dr Date Of Hearing: 20.07.2023 Date Of Pronouncement: 18.10.2023 Order Per Dr. B. R. R. Kumar:

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Sh. Amitabh K. Sinha, CIT-DR
Section 14A

disallowance rejecting the contention of the assessee that since no expenditure have been incurred by the assessee for earning any exempt income, no disallowance under section 14A is called for. 5. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts

Prashanti Land Developers Ltd, Mumbai vs. ACIT, Cir-13(1)(2), Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 1933/MUM/2023[2017-18]Status: DisposedITAT Mumbai17 Oct 2023AY 2017-18

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

Section 1Section 115BSection 143(3)Section 14ASection 234BSection 274Section 36Section 36(1)(iii)Section 68

Unsecured loans added under section 68 of the Act Rs.47,61,18,493/- 4. Interest disallowed Rs.11,73,09,024/- 5. Disallowance under section 14A Rs. 5,75,915/- 3. Aggrieved, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal exparte for the reason that

Shark Packaging (India) Private Limited, Delhi vs. ITO, Ward-23(1), New Delhi

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

ITA 2163/DEL/2022[2008-09]Status: DisposedITAT Delhi17 Oct 2023AY 2008-09

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Mayank Patawari, AdvFor Respondent: Shri Anuj Garg, Addl. CIT
Section 147Section 148Section 253Section 46ASection 68Section 69C

confirming the disallowance rejecting the contention of the assessee that in the absence of any satisfaction having been recorded by the AO disallowance under section 14A of the Act cannot be made. 26. The ld. counsel submitted that except ground no. 4 the assessee does not want to press other

Shark Packaging (India) Pvt Ltd, New Delhi vs. ITO Ward - 23(1), New Delhi

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

ITA 8310/DEL/2019[2012-13]Status: DisposedITAT Delhi17 Oct 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Mayank Patawari, AdvFor Respondent: Shri Anuj Garg, Addl. CIT
Section 147Section 148Section 253Section 46ASection 68Section 69C

confirming the disallowance rejecting the contention of the assessee that in the absence of any satisfaction having been recorded by the AO disallowance under section 14A of the Act cannot be made. 26. The ld. counsel submitted that except ground no. 4 the assessee does not want to press other

Shark Packaging (India) Pvt Ltd, New Delhi vs. ITO Ward - 23(1), New Delhi

In the result, the appeal of the assessee for AY 2012-13 is partly allowed only on ground no

ITA 8309/DEL/2019[2011-12]Status: DisposedITAT Delhi17 Oct 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Mayank Patawari, AdvFor Respondent: Shri Anuj Garg, Addl. CIT
Section 147Section 148Section 253Section 46ASection 68Section 69C

confirming the disallowance rejecting the contention of the assessee that in the absence of any satisfaction having been recorded by the AO disallowance under section 14A of the Act cannot be made. 26. The ld. counsel submitted that except ground no. 4 the assessee does not want to press other

Abis Export India Pvt. Ltd., Rajnandgaon vs. Deputy Commissioner of Income Tax, Circle-1(1), Bhilai, Durg

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 194/RPR/2023[2018-19]Status: DisposedITAT Raipur17 Oct 2023AY 2018-19

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No. 194/Rpr/2023 िनधा"रण वष" /Assessment Year: 2018-19 Abis Export India Pvt. Ltd. Vs The Deputy Commissioner Of Income Ib, Corporate House, Indamara, Tax, Circle-1(1), Bhilai Rajnandgaon (C.G.)-491 441 Pan: Aacca2881J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Bikram Jain, Ca राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 22/08/2023 घोषणा क" तार"ख/Date Of Pronouncement : 17/10/2023 आदेश / O R D E R Per Arun Khodpia, Am: The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Pr. Commissioner Of Income Tax (Appeals), Nfac, Delhi U/S. 263 Of The Income Tax Act, 1961 (For Short ‘The Act’) Dated 28.03.2023 For A.Y.2018-19. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. On The Fact & In The Circumstances Of The Case, The Ld. Principal Commissioner Of Income Tax—Raipur-1 Has Erred In Holding The Assessment Order Passed By The National E-Assessment Centre (Neac) On 01.03.2021 As Erroneous & Prejudicial To The Interest Of Revenue As The Order Was Passed Without Making Any Enquiry On The Issues Of Applicability Of Section 14A Of The I. T. Act, 1961. The Assessment Order Passed By The Neac Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue & Therefore The Order U/S 263 Passed By The Ld. Cit Is Unjustified, Unwarranted & Uncalled. 2. The Assessee Reserves The Right To Add, Amend Or Alter Any Grounds Of Appeal At Any Time Of Hearing.”

For Appellant: Shri Bikram Jain, CAFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 263Section 801ASection 80I

Another contention of the assessee that, if Sufficient interest free fund are available with the assessee to cover the Investment, then disallowance under section 14A r.w.r. 80D cannot be triggered. We find force in this contention also, in view of various judgments relied upon by the Ld. AR, listed

DCIT, Circle- 27(1), New Delhi vs. Uniparts India Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 3316/DEL/2018[2011-12]Status: DisposedITAT Delhi16 Oct 2023AY 2011-12

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasad

For Appellant: Shri Sandeep Yadav, Adv
Section 14A

that in the year under consideration, the assessee has not earned any exempt income. That being the factual position emerging on record, no disallowance under Section 14A read with Rule 8D can be made in absence of any exempt income earned during the year. In this regard, we refer

Kirtikumar Nagindas Shah, Surat vs. Income Tax Officer, Ward 2(3)(6), Surat

In the result, ground No.2 raised by the assessee is allowed

ITA 535/SRT/2023[2014-15]Status: DisposedITAT Surat12 Oct 2023AY 2014-15

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita No.535/Srt/2023 Assessment Year: (2014-15) (Physical Hearing) Kiritkumar Nagindas Shah, Vs. The Ito, A-1103, Regent Residency, Near Ward – 2(3)(6), Saurabh Society, Pal, Surat Surat – 395009, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Anjps9031P (Appellant) (Respondent)

Section 143(1)Section 143(2)Section 143(3)Section 145Section 14ASection 40

Rs.8,08,065/- in profit and loss account. The exempted investment is attributable towards exempted investment. Accordingly, the assessing officer worked out the disallowance under section 14A of the Act, as follows: WORKING OF INTEREST DISALLOWANCE U/S. 14A:- ITA.535/SRT/2023/AY.2014-15 Kiritkumar Nagindas Shah Therefore, the assessee was asked by assessing officer ... disallowed u/s 14A of the I.T. Act, as per rule 8D of the Rules. Therefore, interest expenses of Rs.7,56,965/- was disallowed under section 14A of the I.T. Act and added to the total income of the assessee. 7. Further, it was also noticed by the assessing officer that

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

Industry Development Board (2019) 262 Taxman 102 (SC) The High Court upheld Tribunal's order that in absence of any exempt income. disallowance under section 14A of the Act of any amount was not permissible, SLP filed against said decision was dismissed. CIT Vs. Chettinad Logistics ... earned by assessee in relevant assessment year. Cheminvest Limited Vs. CIT 378 TTR 33 (Delhi) (HC) The High Court held that no disallowance under section 14A can be made in a year in which no exempt income had been earned or received by the 5 SHRI NAWAL KISHORE DANGAYACH

Income Tax Officer 11(2)(1), Mumbai vs. Satguru Corporate Services Private Limited, Mumbai

In the result, the appeal of the Revenue

ITA 878/MUM/2018[2012-13]Status: DisposedITAT Mumbai09 Oct 2023AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 M/S Satguru Corporate Services Ito, 11(1)(3), Pvt. Ltd., Aayakar Bhavan, 4Th Vs. 5Th Floor, Sunteck Centre, 37-40 Floor, Mumbai. Subhash Road, Vile Parle (East), Mumbai-400057. Pan No. Aapcs 2160 R Appellant Respondent Assessment Year: 2012-13 Ito, 11(1)(3), M/S Satguru Corporate Services Pvt. Room No. 201, Aayakar Ltd., Vs. Bhavan, M.K. Marg, 5Th Floor, Sunteck Centre, 37-40 Mumbai-400020. Subhash Road, Vile Parle (East), Mumbai-400057. Pan No. Aapcs 2160 R Appellant Respondent

For Appellant: Mr. Rakesh JoshiFor Respondent: Mr. Dr. Kishor Dhule, CIT-DR
Section 69

Assessing officer has rightly resorted to Rule Therefore in my opinion the Assessing officer has rightly resorted to Rule 8D to compute the disallowance under Section 14A in accordance with to compute the disallowance under Section 14A in accordance with to compute the disallowance under Section 14A in accordance with ... direct above financial statements. The interest expenses are therefore direct above financial statements. The interest expenses are therefore direct cost for computation of disallowance under section 14A. In the wake of cost for computation of disallowance under section 14A. In the wake of cost for computation of disallowance under section

Satguru Corporate Services Private Limited, Mumbai vs. Income Tax Officer 11(1)(3), Mumbai

In the result, the appeal of the Revenue

ITA 483/MUM/2018[2012-13]Status: DisposedITAT Mumbai09 Oct 2023AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 M/S Satguru Corporate Services Ito, 11(1)(3), Pvt. Ltd., Aayakar Bhavan, 4Th Vs. 5Th Floor, Sunteck Centre, 37-40 Floor, Mumbai. Subhash Road, Vile Parle (East), Mumbai-400057. Pan No. Aapcs 2160 R Appellant Respondent Assessment Year: 2012-13 Ito, 11(1)(3), M/S Satguru Corporate Services Pvt. Room No. 201, Aayakar Ltd., Vs. Bhavan, M.K. Marg, 5Th Floor, Sunteck Centre, 37-40 Mumbai-400020. Subhash Road, Vile Parle (East), Mumbai-400057. Pan No. Aapcs 2160 R Appellant Respondent

For Appellant: Mr. Rakesh JoshiFor Respondent: Mr. Dr. Kishor Dhule, CIT-DR
Section 69

Assessing officer has rightly resorted to Rule Therefore in my opinion the Assessing officer has rightly resorted to Rule 8D to compute the disallowance under Section 14A in accordance with to compute the disallowance under Section 14A in accordance with to compute the disallowance under Section 14A in accordance with ... direct above financial statements. The interest expenses are therefore direct above financial statements. The interest expenses are therefore direct cost for computation of disallowance under section 14A. In the wake of cost for computation of disallowance under section 14A. In the wake of cost for computation of disallowance under section

Bhandara Urban Co-Op Bank, Bhandara vs. Income Tax Officer Ward 2(3), Nagpur

In the result, appeal of the assessee in ITA

ITA 20/NAG/2021[2014-15]Status: DisposedITAT Nagpur09 Oct 2023AY 2014-15

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.19 & 20/Nag/2021 िनधा"रण वष" / Assessment Year : 2013-14 & 2014-15 Bhandara Urban Co-Operative The Acit, Circle-2, Bank Ltd., V Nagpur. C/O.Mukesh Agrawal, S R.S.Bhattad & Associates, 33-A, Central Bazar Road, Ramdaspeth, Nagpur – 440010. Pan: Aaaft 7398 G Appellant / Assessee Respondent / Revenue Assessee By Shri Saket Bhatted – Ar Revenue By Dr. Kaumudi Patil- Cit-Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 09/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Were Heard Together As Common Issue Is Involved. Both These Appeals Are Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Nagpur Dated 29.03.2019 For A.Y. 2013-14 & 2014-15 Emanating From Two Different Assessment Orders Passed Under Section 143(3) Of The

Section 143(3)Section 14A

Representative(ld.AR) of the assessee, there was no exempt income for both these assessment years and hence there should not have been any disallowance under section 14A of the Act. 4. On perusal of the assessment order, it is observed that Assessing Officer has mentioned that there was no exempt ... following the Hon'ble Bombay High Court and ITAT Pune it is held that since there was no exempt income during the year; disallowance under section 14A is not maintainable. Accordingly, Assessing Officer is directed to delete the disallowance made under section 14A of the Act. Accordingly, grounds of appeal

Bhandara Urban Co-Op. Bank Ltd, Bhandara vs. Assistant Commissioner of Income Tax, Nagpur

In the result, appeal of the assessee in ITA

ITA 19/NAG/2021[2013-14]Status: DisposedITAT Nagpur09 Oct 2023AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.19 & 20/Nag/2021 िनधा"रण वष" / Assessment Year : 2013-14 & 2014-15 Bhandara Urban Co-Operative The Acit, Circle-2, Bank Ltd., V Nagpur. C/O.Mukesh Agrawal, S R.S.Bhattad & Associates, 33-A, Central Bazar Road, Ramdaspeth, Nagpur – 440010. Pan: Aaaft 7398 G Appellant / Assessee Respondent / Revenue Assessee By Shri Saket Bhatted – Ar Revenue By Dr. Kaumudi Patil- Cit-Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 09/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Were Heard Together As Common Issue Is Involved. Both These Appeals Are Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Nagpur Dated 29.03.2019 For A.Y. 2013-14 & 2014-15 Emanating From Two Different Assessment Orders Passed Under Section 143(3) Of The

Section 143(3)Section 14A

Representative(ld.AR) of the assessee, there was no exempt income for both these assessment years and hence there should not have been any disallowance under section 14A of the Act. 4. On perusal of the assessment order, it is observed that Assessing Officer has mentioned that there was no exempt ... following the Hon'ble Bombay High Court and ITAT Pune it is held that since there was no exempt income during the year; disallowance under section 14A is not maintainable. Accordingly, Assessing Officer is directed to delete the disallowance made under section 14A of the Act. Accordingly, grounds of appeal

Strides Pharma Science Ltd., Navi Mumbai vs. The Dy CIT -5(1)(2), Mumbai

In the result ITA number 1004/M/2021 filed by the assessee for assessment year 2016 – 17 is allowed

ITA 1004/MUM/2021[2016-17]Status: DisposedITAT Mumbai05 Oct 2023AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Strides Pharma Science Ltd. Dcit 15(1)(2) 201, Devavrata, Sector-17, Aayakar Bhavan, M K Road, Vs. Vashi, Navi Mumbai, 400703 Mumbai 400020 (Appellant) (Respondent) Pan No. Aadcs8104P

For Respondent: Ms Samruddhi Hande SR DR
Section 143(3)Section 14ASection 92C

recoverable cannot be deemed/ considered as granting of loan. II Corporate Tax ITA NO. 1004/MUM/2021 AY 16-17 Strides Pharma Science Ltd. 4 Disallowance under Section 14A of the Act amounting to INR 15,34,55,236 [Page 4 to 8 of the Final Assessment Order ... Mumbai ITAT in Appellant's own case for AYs 2001-02/ AY 2002-03/ 2006-07 wherein the Mumbai ITAT deleted the disallowance under section 14A of the Act. Further, the same have also erred in not relying on the decision of Hon'ble Mumbai ITAT in Appellant

The Lake Palace Hotels & Motelsprivate Limited, Udaipur vs. PCIT, Circle-2, Udaipur

In the result, appeal of the assessee is allowed

ITA 52/JODH/2022[2017-18]Status: DisposedITAT Jodhpur27 Sept 2023AY 2017-18
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 14ASection 263Section 36(1)(va)Section 43

contributions to provident fund u/s 36(1)(va) r.w.s. 2(24)(x) after the prescribed time under relevant PF Act. Submissions (1) Disallowance under section 14A of the I T Act: (i) With regard to your honor’s invoking revisionary jurisdiction u/s 263 of the I.T. Act, we humbly submit

Gogri Finserv Pvt Ltd, Mumbai vs. DCIT, CC-3(2), Mumbai

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

ITA 1185/MUM/2023[2020-21]Status: DisposedITAT Mumbai26 Sept 2023AY 2020-21

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Gogri Finserv Pvt Ltd. Dcit Central Circle-3(2) 601 Antariksha Murar Road Vs. Mumbai Mulund (W) Mumbai-400 080 Pan/Gir No. Aafcg 2850 E (Appellant) (Respondent) :

For Respondent: Ms Indira Adakil
Section 10(34)Section 133ASection 143(1)Section 143(2)Section 14ASection 250

learned CIT(A) failed to appreciate the fact that there is no expenditure incurred by the appellant which are liable for disallowance under section 14A read with rule 8D(2). 2 Gogri Finserv Pvt Ltd. vs. DCIT 3. The disallowance under section 14A of Rs.6,31,019/- is made