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3 results for “depreciation”+ Section 49(1)(iii)clear

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Key Topics

Section 14A11Disallowance3Section 143(1)2Section 143(2)2Capital Gains2Short Term Capital Gains2Business Income2Addition to Income2

SOCIEADADE DE FOMENTO INDL. PVT. LTD.,MARGAO vs. JOINT COMMISSIONER OF INCOME TAX, MARGAO RANGE, MARGAO

In the result, the appeal of the assessee is partly allowed and that of the Revenue is dismissed

ITA 105/PAN/2018[2010-11]Status: DisposedITAT Panaji12 Sept 2022AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawal

For Appellant: Sh. Nishant Thakkar, AdvocateFor Respondent: Sh. Ranjan Kumar, CIT-DR
Section 143(1)Section 143(2)Section 14A

depreciation etc and portion of said expenses will be attributable to maintenance of the investment portfolio and to the earning of the exempt income as rightly concluded by the A.O. Thus the disallowance by invoking Rule 8D is justified and is in accordance with the Bombay High Court decision in the case of M/s. Godrej and Boyce Manufacturing

ACIT, CENTRAL CIRCLE, PANAJI vs. M/S SOCIADADE DE FOMENTO INDUSTRIAL P. LTD, MARGAO

In the result, the appeal of the assessee is partly allowed and that of the Revenue is dismissed

ITA 116/PAN/2018[2010-11]Status: DisposedITAT Panaji12 Sept 2022AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawal

For Appellant: Sh. Nishant Thakkar, AdvocateFor Respondent: Sh. Ranjan Kumar, CIT-DR
Section 143(1)Section 143(2)Section 14A

depreciation etc and portion of said expenses will be attributable to maintenance of the investment portfolio and to the earning of the exempt income as rightly concluded by the A.O. Thus the disallowance by invoking Rule 8D is justified and is in accordance with the Bombay High Court decision in the case of M/s. Godrej and Boyce Manufacturing

M/S. KINECO (P) LTD.,BARDEZ vs. THE INCOME TAX OFFICER, WARD - 2(4), PANAJI

In the result, appeal of assessee is allowed

ITA 340/PAN/2018[2013-14]Status: DisposedITAT Panaji30 Aug 2022AY 2013-14

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2013-14 M/S. Kineco (P) Ltd. Income Tax Officer, Ward- 60, Pilerne Industrial 2(4), Panaji. Vs. Estate, Pilerne, Bardez Goa- 403511. (Pan: Aabcm8681P) (Appellant) (Respondent) Present For: Appellant By : Shri Jitendra Jain, Advocate Respondent By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 15.06.2022 Date Of Pronouncement : 30.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A)-2, Panaji Vide Ita No. 418/Cit(A)-2/Pnj/2017-18 Dated 01.06.2018 For A.Y. 2013-14 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Ito, Ward-2(4), Panaji Dated 22.03.2016. 2. Shri Jitendra Jain, Advocate Appeared On Behalf Of The Assessee & Shri Mayur Kamble, Sr. Dr Appeared On Behalf Of The Revenue.

For Appellant: Shri Jitendra Jain, AdvocateFor Respondent: Shri Mayur Kamble, Sr. DR
Section 143(3)Section 14A

1. In the facts and circumstances of the case the Commissioner of Income Tax (Appeal) erred in confirming the action of the Assessing officer of disallowing of expenditure (other than the interest) of Rs.1,13,725 u/s 14A of I.T. Act read with Rule 8D(iii) despite the fact that no dividend income exempt from tax was received