EASTERN INDIA EDUCATIONAL INSTITUTION,KOLKATA vs. ITO, (EXEMPTION)-II, KOLKATA, KOLKATA
In the result, appeal filed by the assessee is allowed
ITA 654/KOL/2016[2011-2012]Status: DisposedITAT Kolkata07 Dec 2016AY 2011-2012
Bench: Shri N.V.Vasudevan & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.654/Kol/2016 ("नधा"रण वष" / Assessment Year :2011-2012) Eastern India Educational Vs. The Income Tax Officer Institution, (Exemption)-Ii, 10B, Birla Building, 4Th Floor, Middleton Row, 5Th Floor, 9/1, R.N.Mukherjee Road, Kolkata-700071 Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaate 0448 G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri D.S.Damle, Ar राज"व क" ओर से /Revenue By : Shri G.Mallikarjuna, Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 29/11/2016 घोषणा क" तार"ख/Date Of Pronouncement 07/12/2016 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2011-2012, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Exemptions), Kolkata, Dated 29.3.2016, U/S.263 Of The I.T.Act. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessment U/S. 143(3) Of The Income Tax Act, 1961 For The Ay. 2011-12 Was Completed An 18.03.2014 Determining The Total Income At Rs. 20,35,850/- . On Further Verification Of Records, It Has Been Found That Dividend Income At Rs.3,21,19,822/- Was Earned By The Assessee & Claimed Exempt U/S. 10(34) Of The I.T. Act, 1961. As Per Provisions Of Section 14A Of The I.T.Act, 1961, Expenditure Incurred In Relation To Income Which Do Not Form Part Of Total Income Requires To Be Disallowed In Accordance With The Provisions Of Rule 8D Of The I. T. Rules, 1962. The Computation Of Such Disallowance Was Made In The Assessment Order, Which Was Determined
For Appellant: Shri D.S.Damle, ARFor Respondent: Shri G.Mallikarjuna, CIT DR
Section 10(34)Section 143(3)Section 14ASection 14A(2)Section 263
Section 14A(2) of the Income Tax Act states that:
"The Assessing Officer shall determine the amount of expenditure incurred in relation to such income which does not form part of the total income under this Act in accordance with such method as may be prescribed .... ".
In view of the above, disallowance u/s. 14A offered by the assessee