Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bothra Financial Services v. ITO (2022) 100 ITR 452 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest-Disallowance to be worked out on basis of net interest. [S. 8D(2)(ii)]

Karnataka State Beverages Corporation Ltd. v. ACIT (2022) 99 ITR 325 (Bang) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-Failure to demonstrate that borrowed funds on which interest paid was not utilised for making investment-disallowance was affirmed. [R.8D(2)]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 14A : Disallowance of expenditure-Exempt income–Disallowance cannot exceed exempt income.[R.8D]

Care Ratings Ltd. v. ACIT (2022) 215 TTJ 28 / 210 DTR 123 (Mum)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-No clear findings-Accounts not rejected-Disallowance was vacated. [R. 8D(2)(iii)]

Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance can be made only in respect of interest payments from those investments which the dividend income was earned.[R.8D(2)(iii)]

Dy. CIT v. GVK Jaipur Expressway (P) Ltd. (2022) 216 TTJ 540 (Jaipur)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Share application money-Pending for allotment-Provisions of section 14A cannot be invoked. [R.8D]

Oswal Woollen Mills Ltd. v. Add. CIT (2022)98 ITR 521 (Chad) (Trib)

S.14A : Disallowance of expenditure-Exempt income-Interest free funds-Dividend through RTGS-Directed to verify calculation vis a vis calculation accepted in earlier years and restrict disallowance accordingly. [R.8D]

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-Amendment with effect from April 1, 2022 the Finance Act, 2022 with retrospective effect-Matter remanded.[R. 8D]

ACIT v. Amrutlal Babaldas Patel (2022)98 ITR 131 (Surat) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income during the relevant year-Disallowance not warranted. [R.8D]

ACIT v. Navajibhai Ratan Trust (2022) 213 DTR 25 / 217 TTJ 137 / 140 taxmann.com 157 (Mum)(Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Substantial interest-Capital gain-Founder trustee of assessee-trust was holding only 0.83 per cent of aggregate paid-up ordinary share capital of TSL-No violation of provision-Investment in redeemable preferential shares-Entire income of trust shall not become ineligible for exemption, it was to be restricted only to income derived from prohibited investments. [S.11, 12A, 13(1)(d), 13(2)(h), 80G]