158 results for “disallowance”+ Section 14A(3)clear
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In the result, the order of the
Bench: ALOK ARADHE,H.T. NARENDRA PRASAD
disallowance made under Section 14A of the Act? 3. I.T.A.No.468/2016 was admitted by a bench of this Court vide
ALOK ARADHE,H.T. NARENDRA PRASAD
Showing 1–20 of 158 · Page 1 of 8
Bench: ALOK ARADHE,RAVI V HOSMANI
3) were incorporated in Section 14A by Finance Act, 2006 with effect from 01.04.2007. However, even prior to amendment, the Assessing Officer had to assess the total income on the basis of best judgment assessment. It is pointed out that basic reason for insertion of Section 14A of the Act is that certain incomes are includable while computing total income
In the result, the orders passed by the Assessing
Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR
Section 14A is liable to set aside on the facts and circumstances of the case? 3 (ii) Whether the tribunal was justified in law in confirming the disallowance
The appeal stands dismissed
Bench: S.SUJATHA,J.M.KHAZI
14A disallowance cannot be made while computing book profit under Section 115JB of the Act ignoring Explanation 1[f] to Section 115JB[2] clearly provides for addition of the expenditure relating to the exempt income while computing book profit under Section 115JB of the Act? 3
In the result, the order passed by the Tribunal dated 07
Bench: ALOK ARADHE,SHIVASHANKAR AMARANNAVAR
3) applies from assessment year 2008-09 and is not applicable to the assessment year in question viz., 2007-08. There was no method available for computation of disallowance for the 7 assessment year 2007-08 and therefore, no disallowance under Section 14A
The appeal is disposed of
disallowance under Section 14A of the Act read with Rule 8D of the Rules, although no satisfaction had been recorded by the assessing officer to the effect that the 3
Bench: CHIEF JUSTICE,C M JOSHI
3) of Section 92C are attracted. It follows that sub-section (4) of Section 92C is not attracted. 25. More importantly, the proviso to sub-section (4) of Section 92C also clearly states that no deduction under Section 10A or 10AA or 10B or under Chapter VI-A of the Act would be allowed in respect of the amount
Bench: S.SUJATHA,VINEET KOTHARI
disallowance of expenditure incurred by the Assessee to Date of Order 15-06-2018, ITA.Nos.569/2015 & 229/2016 The Commissioner of Income-tax, CIT (A) and Another -Vs.- M/s. Chaitanya Properties Pvt. Ltd., 3/14 earn exempted income under Section 14A of the Act read with Rule 8D of the Rules. 3
In the result, the order passed by the Assessing
Bench: ALOK ARADHE,R. NATARAJ
section 14A and hence no 3 disallowance is possible on the facts and circumstances of the case?" 2. Facts leading
In the result, we don to find any
disallowance under Section 14A of the Act and added a sum of Rs.7,34,975/- by applying Rule 8D(iii). 3
In the result, the order passed by the tribunal
3. The assessee thereupon filed an appeal before the Commissioner of Income Tax (Appeals) who by an order dated 28.09.2011 inter alia held that as deduction is under Section 36(1)(viia) of the Act, the subsequent recoveries are not taxable under Section 41(1) or Section 41(4) of the Act. It was further held that disallowance under Section
Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY
14A of the Income Tax Act, 1961 (for short, ‘I.T.Act’). ITA 168/2019 3 The Assessing Officer passed an order under Section 143(3) of the I.T.Act, re-computed the disallowance
In the result, we do not find any merit in this
3) of the Act on a total income of Rs.69,30,00,030/-. The Assessing Officer by an order dated 01.10.2010 disallowed the claim of the assessee under Section 80IA and Section 14A
The appeal stands disposed of as
Bench: SATISH CHANDRA SHARMA,R. NATARAJ
3. The appeal has been admitted on the following substantial questions of law: "1. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside the disallowance of expenditure of earning exempt income under Sec.14A of the Act by erroneously holding that no disallowance is called for under Section 14A
In the result, I pass the following:-
Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar
3,84,26,370 Assessment Year - 2009-10 Particulars AY 2009-10 Disallowance of freight charges under section 40(a)(i) of the IT Act 80,19,59,658 Disallowance of Depreciation 13,09,37,839 Disallowance under section 14A
Appeal stands dismissed
Bench: SATISH CHANDRA SHARMA,RAVI V HOSMANI
disallowance under section 14A r.w.r.8D (2)(iii) by taking into account only the investments which yielded exempt income during the said year, by relying on the decision of the Special Bench in the case of ACIT vs. Vireet Investment (P) Ltd., (82 taxman.com 415 (Del) when the assessing authority has rightly invoked section 14A r/w Rule
Section 14A provides for disallowance of the expenditure even when the tax payer in a particular year has not earned any exempt income?” 4. Sri Balaram Rao, learned counsel for the assessee has stated that in ITA No.133/2015 the same question of law has been answered in favour of the assessee and against the revenue. 5. Sri K.V.Aravind, learned counsel
In the result, the appeal is dismissed
Section 14A read with Rule 8D of the Rules. The interest on the diverted borrowed capital was also disallowed. Thus, in all, disallowance of Rs.43,85,79,362/- was made. 5 3
