PCIT v. D.B. Realty (P.) Ltd. (2023) 294 Taxman 241 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Strategic investments-Subsidarry companies, associate concerns and partnership firms-Restricted 5% of aggregate of expenditure-Order of Tribunal was quashed and set aside-a Assessing Officer was directed to pass an order in accordance with law and formula laid down in Maxopp Investment Ltd. v. CIT [2018] 254 Taxman325 / 402 ITR 640 (SC). [R. 8D, 260A]

The Assessing Officer  disallowed the expenses under section n 14A of the Act. Commissioner (Appeals) held  that assessee had made major portion of investments only in subsidiary companies, associates concerns and partnership firms in which assessee was a partner, thus, investments made by company were in form of strategic investments and he restricted disallowance at 5 per cent of fixed/semi variable aggregate of expenditure.  Tribunal upheld the order of the CIT(A). On appeal by the Revenue    following the judgement in Maxopp Investment Ltd. v. CIT [2018) 254 Taxman325/402 ITR 640 (SC), the order of Tribunal was  quashed and set aside and the  Assessing Officer was  directed to pass an order in accordance with law and formula laid down by the Apex court referred above.  (AY. 2010-11)