Dismissing the appeal of the revenue restriction off disallowance by Appellate Authorities to 0.5 Per Cent. of average investment income irrespective of whether such exempt income was received during relevant assessment year is held to be justified . Court also held that the Tribunal did not err in deleting the addition made by the Assessing Officer on account of prior period income and remanding this issue directing the Assessing Officer to net off prior period income and the prior period expenditure and tax only the net income, since the factual aspects had to be verified. (AY. 2011-12)
PCIT (LTU) v. Mahanagar Telephone Nigam Ltd. (2021) 431 ITR 541 (Delhi) (HC)
S. 14A : Disallowance of expenditure – Exempt income -Restriction off disallowance by Appellate Authorities to 0.5 Per Cent. of average investment income irrespective of whether such exempt income was received during relevant assessment year — Justified- Prior period income and expenses net off – Held to be justified [S.4, 145 , R.8D ]