disallowance u/s 14A — 2,938 case laws

Pmt Machines Ltd, Pune vs. ACIT Central Circle, 2(4), Mumbai

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 485/MUM/2022[2016-16]Status: DisposedITAT Mumbai10 Oct 2022AY 2016-16

For Appellant: Mr. Rajnish K. VohraFor Respondent: Mr. Purushottam Tripuri (DR)

Machines Ltd. 7. The learned CIT(A) erred in confirming the total investment for calculation of disallowance u/s 14A of the Income Tax Act, 1961. The learned CIT(A) erred in confirming the disallowance of interest under Section 14A without reducing interest of Rs.16,70,74,784/- disallowed u/s

Infro Alliance Trading P.Ltd, Mumbai vs. DCIT Cen Cir 09, Mumbai

Accordingly appeal of the Assessee partly allowed

ITA 570/MUM/2016[2010-11]Status: DisposedITAT Mumbai10 Oct 2022AY 2010-11

Bench: Shr Rifaur Rahman, Am & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No.570/Mum/2016 (निर्धारणवर्ा / Assessment Year: 2010-11) Infro Alliance Deputy Commissioner Trading P.Ltd, Of Income Tax, Flat No. 2605 Bldg Central Circle- 09, बिधम/ No. 57 Kailash Co Op Mumbai Shg Co. Gandhinagar Vs. Bandra( E) Mumbai Pin 400051 स्थायीलेखासं./जीआइआरसं./Pan No Aaaci5902J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Mr. Praveen Jain By प्रत्यथीकीओरसे/Respondent : Mr. Ganesh Bare (Cit Dr) By सुनवाईकीतारीख/ : 13.07.2022 Date Of Hearing घोषणाकीतारीख / : 10.10.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla, Judicial:

For Appellant: Mr. Praveen Jain byFor Respondent: Mr. Ganesh Bare (CIT DR) by

Section 115Section 14ASection 153

disallowance of Rs. 28,00,656/- u/s. 14A; and Rs. 1,45,912/- as direct expenses u/r. 8D (2) (i); and lastly, the disallowance u/s 14A cannot exceed the exempt income. 2. The facts in briefs qua the issue raised are that the Assessee Company is engage in the business ... satisfaction nor has he even noted the Assessee had suo mutto made disallowance of Rs. 97,00,000/- for the purpose of disallowance u/s 14A in its computation of income; nor he has verified the nature of investment whether there is any co relation with the expenditure incurred

Tuscan Ventures Pvt.Ltd, Mumbai vs. ACIT Cir, Mumbai

In the result, the appeal of the assessee is allowed

ITA 1394/MUM/2022[2017-18]Status: DisposedITAT Mumbai03 Oct 2022AY 2017-18

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailtuscan Ventures Private Vs. Acit, Circle 5(3)(2) Limited, 11, Silver Arch, 5Th Floor, 573, Aayakar Napeansea Road, Bhavan, M.K. Road, Mumbai – 400006 Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aacct7474J Appellant .. Respondent

For Appellant: Hiro RaiFor Respondent: A.B.Koli

Section 142(1)Section 143(2)Section 143(3)Section 14ASection 263

rule applicable for AY 2017-18. 7. The learned Principal Commissioner of Income Tax erred in not considering the assessee's contention that disallowance u/s 14A cannot exceed exempt income of Rs.42,028 and therefore assessment order wherein disallowance u/s 14A is of Rs.14,31,713 cannot be prejudicial ... perusal of the record observed that scrutiny assessment in the case of the assessee was completed without making any disallowance u/s 14A r.w. Rule 8D of the I.T. Rule. The ld. Pr.CIT was also of the view that amount of Rs.14,31,713/- offered by the assessee

Axis Capital Ltd., Mumbai-400025 vs. Dy Commissioner of Income Tax -Circle-3(1)(1), Mumbmai-400020

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 1160/MUM/2022[2011-12]Status: DisposedITAT Mumbai30 Sept 2022AY 2011-12

Section 10Section 14A

taxmann.com 322)(SC). The Ld CIT(A) has stated that, in the above said cases, it has been held that the disallowance u/s 14A cannot exceed dividend income. Accordingly, the Ld CIT(A) has taken the view that the disallowance can be restricted only if the dividend income is lesser

M/S. Mahindra Homes Pvt. Ltd, Mumbai vs. Addl/Jt/Dy/ACIT/ITO/NFAC, Mumbai

In the result, the appeal of the assessee for Asst Year 2016-17 is partly allowed for statistical purposes

ITA 2179/MUM/2021[2017-18]Status: DisposedITAT Mumbai30 Sept 2022AY 2017-18

Bench: Us That The Issues In Asst Year 2016-17 May Be Taken As The Lead Case & The Decision Rendered Thereon Would Apply With Equal Force For The Asst Year 2017-18 Also In View Of Identical Facts Except With Variance In Figures.

Section 143(3)Section 144C(13)Section 144C(5)Section 92C

erred in making an addition of Rs. 1,63,63,538 to Book Profits for the purpose of section 115JB on account of disallowance u/s 14A of the Act. Double disallowance of interest paid on CCD's under TP provisions as well as under section 14A ... assessee before us are allowed for statistical purposes. 8. The Ground Nos. 26 to 31 raised by the assessee are challenging the disallowance u/s 14A of the Act under normal provisions of the Act. 8.1. We have heard the rival submissions and perused the materials available on record. Before

Mahindra Homes P. Ltd., Mumbai vs. ITO, Range-7(2)(1), Mumbai

In the result, the appeal of the assessee for Asst Year 2016-17 is partly allowed for statistical purposes

ITA 1008/MUM/2021[2016-17]Status: DisposedITAT Mumbai30 Sept 2022AY 2016-17

Bench: Us That The Issues In Asst Year 2016-17 May Be Taken As The Lead Case & The Decision Rendered Thereon Would Apply With Equal Force For The Asst Year 2017-18 Also In View Of Identical Facts Except With Variance In Figures.

Section 143(3)Section 144C(13)Section 144C(5)Section 92C

erred in making an addition of Rs. 1,63,63,538 to Book Profits for the purpose of section 115JB on account of disallowance u/s 14A of the Act. Double disallowance of interest paid on CCD's under TP provisions as well as under section 14A ... assessee before us are allowed for statistical purposes. 8. The Ground Nos. 26 to 31 raised by the assessee are challenging the disallowance u/s 14A of the Act under normal provisions of the Act. 8.1. We have heard the rival submissions and perused the materials available on record. Before

DCIT -CC- 8(4), Mumbai vs. Bermaco Energy System Ltd., Mumbai

In the result, appeals filed by the Revenue are dismissed and the appeals filed by the assessee are dismissed

ITA 3752/MUM/2018[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09