Held that the assessee had earned profit from the two firms which was exempt from tax under section 10(2A) of the Act. The Assessing Officer had rightly invoked section 14A of the Act and computed the expenditure on the assessee’s exempt income by resorting to rule 8D of the Rules after recording his dissatisfaction, which was the “sine qua non” before invoking rule 8D(2). The Commissioner (Appeals) had erred in deleting the disallowance. The Tribunal also held the Commissioner (Appeals) was right in holding that the adjustment of disallowance under section 14A of the Act read with rule 8D of the Rules was not required to be made in the book profits for minimum alternate tax liability by resorting to section 115JB of the Act. (AY.2017-18)
Dy. CIT v. Radha Madhav Investments P. Ltd. (2024)113 ITR 76 (SN)(Mum)(Trib)
S.14A : Disallowance of expenditure-Exempt income-Profits earned from firm-Recording dissatisfaction-CIT(A) is not justified in disallowing the disallowance-Company-Book profits-Disallowance is not required to be made. [S. 10(2A),10(34), 115JB(2), R.8D]
Leave a Reply