2011 (11) TMI 813 - AT - Income Tax

Summary

Issues involved: Assessment of income under different heads, applicability of section 14A for disallowance of expenditure against exempt income.

Assessment of income under different heads:
The assessee declared income under the heads "Income From House Property", "Income From Other Sources", and "Income From Long Term Capital Gain" for assessment year 2006-07. The assessee did not claim any expenditure under any of the heads of income, arguing that statutory deductions were claimed under the head "Computation of Property" and interest income was offered on a gross basis under "Income From Other Sources".

Applicability of section 14A for disallowance of expenditure against exempt income:
The Departmental Representative opposed the assessee's contentions, citing the Hon'ble Jurisdictional High Court's ruling that reasonable expenditures should be allocated for the purpose of earning dividends. Upon examination, it was found that certain expenditures were indeed claimed against income from other sources, such as charges from a sports club and sale of tickets. As the High Court mandated disallowance of reasonable expenditures against exempt income, the impugned order was set aside, and the issue was remanded back to the Assessing Officer for fresh adjudication in accordance with the law.

Outcome:
The appeal by the assessee was allowed for statistical purposes, and the order was pronounced in the open court on 29th November 2011.