Held that the Assessing Officer had merely on the basis of the investment shown in the annual accounts of the assessee invoked the provisions of section 14A read with rule 8D of the Income-tax Rules, 1962 and issued notice to the assessee. He merely said that as the investment decision were very complex the assessee should have incurred certain expenditure. This could not satisfy the requirement of section 14A(2) of the Act. There was no reference to the accounts of the assessee. Accordingly, the Assessing Officer had failed to record any satisfaction prior to invoking the provisions of rule 8D. The disallowance under section 14A of the Act deleted in view of the absence of proper satisfaction recorded by the Assessing Officer. (AY.2015-16)
Wanbury Ltd. v. Dy. CIT (2022) 95 ITR 87 (SN) (Mum) (Trib)
S. 14A : Disallowance of expenditure-Exempt income-No exempt income earned during year-Failure by Assessing Officer to record satisfaction-Disallowance not permissible. [S. 14A(2), R.8D]