COURT: |
|
CORAM: |
|
SECTION(S): |
|
GENRE: |
|
CATCH WORDS: |
|
COUNSEL: |
|
DATE: |
(Date of pronouncement) |
DATE: |
October 12, 2011 (Date of publication) |
AY: |
|
FILE: |
|
CITATION: |
|
|
AO cannot apply Rule 8D without showing how assessee’s method is incorrect
For AY 2008-09, the AO made a disallowance of Rs. 31 lakhs u/s 14A by applying Rule 8D without recording any satisfaction as to how the assessee’s calculation of s. 14A disallowance was incorrect. In appeal, the CIT (A) upheld the applicability of Rule 8D though he reduced the disallowance to Rs. 19 Lakhs. The department filed an appeal while the assessee filed a C.O. HELD by the Tribunal:
It is a pre-requisite that before invoking Rule 8D, the AO must record his satisfaction on how the assessee’s calculation is incorrect. The AO cannot apply Rule 8D without pointing out any inaccuracy in the method of apportionment or allocation of expenses. Further, the onus is on the AO to show that expenditure has been incurred by the assessee for earning tax-free income. Without discharging the onus, the AO is not entitled to make an ad hoc disallowance. A clear finding of incurring of expenditure is necessary. No disallowance can be made on the basis of presumptions (law laid down in assessee’s own case for AY 2007-08 reiterated)
Related Posts:
- DCIT vs. JSW Limited (ITAT Mumbai) In the light of the above discussions, we are of the considered view that rather than taking a pedantic view of the rule requiring pronouncement of orders within 90 days, disregarding the important fact that the entire country was in lockdown, we should compute the period of 90 days by…
- Interactive Avenues Private Limited vs. DCIT (ITAT Mumbai) Unless a claim for deduction in respect of payments made to Facebook Ireland Limited is made in the computation of business income, there cannot be any occasion for invoking section 40(a)(i) for its disallowance in computation of business income. As we have analyzed earlier also in this order, section 40(a)(i)…
- Sajan Kumar Jain vs. DCIT (ITAT Delhi) In our considered opinion, once a valid return of income was available on record, which was already processed issuing notice u/s 142(1) of the Act asking the assessee to furnish fresh notice in itself is invalid making subsequently proceedings void ab initio.
- New Delhi Television Ltd vs. DCIT (Supreme Court) In our view the assessee disclosed all the primary facts necessary for assessment of its case to the assessing officer. What the revenue urges is that the assessee did not make a full and true disclosure of certain other facts. We are of the view that the assessee had disclosed…
- Renu T Tharani vs. DCIT (ITAT Mumbai) The assessee before us is closely involved with the transaction and it is inconceivable that the assessee will have no direct knowledge of the owners of the underlying company and settlors of the trust which has her, as she herself puts it, as beneficiary of such a huge amount. This…
- Carestream Health Inc vs. DCIT (ITAT Mumbai) The ld DR vehemently argued that the percentage of shareholding remains the same because reduction of shares had happened for all shareholders. We find that the ld DR relied on para 24 of the judgement of Special Bench of Mumbai Tribunal in 133 ITD 1 supra to support his proposition.…
In reference to the order “DCIT vs. Jindal Photo Limited (ITAT Delhi)”mailed to me today, I think that the order indicates that the assessment is for AY-2007-08, & not of AY-2008-09,Pl. confirm.