2010 (11) TMI 972 - AT - Income Tax

ITAT Delhi restores matter to AO in revenue's appeal on section 14A addition.

The appeal by the revenue against the deletion of an addition under section 14A of the Income-tax Act, 1961, concerning the assessment year 2004-05 was ... - Issues involved: Appeal by revenue against deletion of addition u/s 14A of the Income-tax Act, 1961.Summary:The appeal before the Appellate Tribunal ITAT Delhi arose from the order of CIT(Appeals)-XXI, New Delhi, concerning the assessment year 2004-05. The revenue contested the deletion of an addition of `11,28,050/- made by the AO u/s 14A of the Act. The appellant argued that the investment in shares of Texmeco was made in a previous year, and dividends received were from the assessee's funds without any interest payable. Citing relevant case law, the appellant contended that no expenditure could be attributed to earning this income. The Tribunal noted that administrative and personnel expenses were common to business activity and dividend income, indicating that some expenditure was incurred in relation to earning dividend income. Considering the facts and case law presented, the Tribunal decided to restore the matter to the AO for a fresh order. Ultimately, the appeal was treated as allowed for statistical purposes.This judgment highlights the importance of considering the specific circumstances and relevant case law when determining the applicability of section 14A of the Income-tax Act, 1961.