Tag: disallowance 14A

ITAT gives relief to Aishwarya Rai Bachchan by upholding deletion of disallowance u/s 14A over and above the suo-moto disallowance. In a recent judgment ITAT Mumbai gave relief to Aishwarya Rai Bachchan by upholding deletion of disallowance made by the Assessing Officer (AO) u/s 14A over and above …

High Court criticises ITAT for change in its stand on applicability of amendment to section 14A In a recent judgment, the Hon’ble Guwahati High Court has criticised ITAT for change in its stand on applicability of amendment to section 14A observing that authority discharging judicial functions is expected …

Before Amendment Section 14A cannot be invoked if no exempt income was earned – ITAT In a recent judgment, ITAT Rajkot has held that for the pre-amendment period, section 14A cannot be invoked where no exempt income was earned. Admission of SLP, is a significant step in the …

Merely because assessee accepted disallowance made by Assessing Officer, it cannot automatically lead to conclusion that assessee under reported income under Section 270A – ITAT  ABCAUS Case Law Citation:ABCAUS 3746 (2023) (05) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in …

Disallowance u/s 14A can not exceed exempt income – Supreme Court dismisses SLP of the Department against the judgment of Delhi High Court ABCAUS Case Law Citation: ABCAUS 2639 (2018) (11) SC Important Case Laws Cited/relied upon: Commissioner of Income Tax v. Joint Investment Pvt. Ltd. 372 ITR …

Satisfaction of AO as to incorrectness of claim of the assessee is an essential prerequisite for invoking the provisions of section 14A – ITAT ABCAUS Case Law Citation: ABCAUS 2622 (2018) (11) HC Important Case Laws Cited/relied upon: ACIT Vs. M/s Avon Cycles Ltd. CIT Vs. Abhishek Industries …

Non Satisfaction of AO to suo moto disallowance by assessee u/s 14A has  to  be  an  objective satisfaction with notice and opportunity to assessee-Supreme Court dismisses Revenue’s SLP  ABCAUS Case Law Citation: ABCAUS 2404 (2018) 07 SC The assessee was a limited company. In its Return of Income for the relevant Assessment Year it had on  its  …

Disallowance u/s 14A read with Rule 8D beyond scope of rectification u/s 154 as the issue relating to applicability of section 14A is debatable – ITAT ABCAUS Case Law Citation: ABCAUS 2055 (2017) (08) ITAT The Grievance: The appeal filed by the assessee was directed against the order …

Recording AO satisfaction must for exempt income disallowance u/s 14A(2) and Rule 8(D) of the Income Tax Rules, 1962. High Court reverses ITAT judgment ABCAUS Case Law Citation: ABCAUS 2042 (2017) (08) HC Important Case Laws Cited/relied upon by the parties: Godrej and Boyce Mfg. Co. Ltd. v. …

Disallowance us 14A for practicing Senior Advocate of Supreme Court deleted as AO  was not dissatisfied with correctness of the claim made by assessee-ITAT ABCAUS Case Law Citation: ABCAUS 1087 (2016) (12) ITAT Important Case Laws cited: CIT vs. Taikisha Engineering Ltd. Brief Facts of the Case: The …