The case concerns disallowance u/s 14A r.w.r. 8D without exempt ...

Court rules disallowance under Sec 14A without exempt income not valid. Can't apply new rule retroactively. Prev year's disallowance rejected.

Case Laws Income Tax

June 22, 2024

The case concerns disallowance u/s 14A r.w.r. 8D without exempt income for A.Y. Issue of retrospective/prospective application of Section 14A explanation post Finance Act, 2022. CIT(A) upheld disallowance citing Finance Act, 2020. SC rulings state disallowance impermissible without exempt income. AO's presumptions on investment source are not legally tenable. CIT(A)'s reliance on retrospective application of Section 14A explanation is illegal. Section 14A amendment not retroactive to A.Y. 2016-17. Tribunal rules against revenue, in favor of appellant, as AO's satisfaction for disallowance was based on future dividend income presumptions, lacking legal basis.

View Source

← Previous Next →

The case concerns disallowance u/s 14A r.w.r. 8D without exempt ...

Court rules disallowance under Sec 14A without exempt income not valid. Can't apply new rule retroactively. Prev year's disallowance rejected.

Case Laws Income Tax

June 22, 2024

You may also like:

Assessment u/s 14A r.w.r. 8D - the disallowance under Rule 8D of the IT Rules read with Section 14A of the Act can never exceed the exempted income earned by the...

Disallowance u/s 14A read with Rule 8D - In any case, as per section 14A(3) whether or not the assessee has incurred any expenditure for earning exempt income, a part of...

Disallowance u/s 14A - expenses towards exempted income - AO could not have straightaway resorted to Rule 8D(2)(iii) of the Rules in order to compute the disallowance u/s 14A - AT

The ITAT Raipur ruled on disallowance u/s 14A r.w.r. 8D regarding expenditure on exempt income. The assessee argued that no disallowance of interest expenditure claimed...

Addition u/s 14A r.w. Rule 8D(2)(iii) - In the present case, wherein the assessee does not offer any disallowance under Rule 8D(2)(ii) in respect of exempt income, then...

Disallowance u/s 14A read with Rule 8D - the AO has not computed any disallowance under Rule 8D(2)(i) and Rule 8D(2)(ii) of the Rules and only under Rule 8D(2)(iii) of...

Disallowance u/s 14A r.w.r. 8D - The object of Section 14A is to curb the practice to claim deduction of expenses incurred in relation to exempt income against taxable...

Disallowance u/s 14A r.w.r. 8D - Addition of interest expenditure - The ITAT found substantial merit in the alternative contention of learned counsel for the assessee...

Disallowance u/s 14A - CIT-A restricted the addition - when no exempt income is earned or disallowance u/s 14A upto the the exempt income only - Since the assessee could...

Disallowance while computing the profit u/s 115JB - disallowance limited on an ad-hoc basis @ 1 % of the exempted income under the clause (f) to Explanation-1 of Sec....

Disallowance u/s 14A - Mandation of recording satisfaction - suo motu disallowance made by assessee - where suo motu disallowance has been made, the Assessing Officer is...

Disallowance u/s 14A - Whether there is no tax free income earned during the year ? - To attract the provisions of Section 14A of the Act, 1961, it is necessary that the...

Disallowance u/s 14A of the Act r.w Rule 8D of the Rules - while arriving at the disallowance of rule 8D, disallowance of interest expenditure should be restricted to...

Disallowance u/s 14A r.w.r. 8D - since AO has mechanically applied the provisions of Rule 8D while making the aforesaid disallowance without establishing any nexus of...

Disallowance u/s 14A - Disallowing interest expense - Neither the assessee furnished the working of disallowances under section 14A, nor the lower authority made the...

Quick Updates: