2015 (3) TMI 1172

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....Rs.5,56,067/- u/s 14A of the Act. 2. Without prejudice to the above, Ld. CIT(A) has erred in law and on facts in not reversing the action of Ld. A.O. in wrongly computing the disallowance under Rule 8-D of Income Tax Rules. 3. That having regards to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not reversing the action of Ld. AO in charging interest u/s 234B of the Income Tax Act, 1961." 2. At the outset, Ld. A.R. submitted that the assessee had not earned any exempt income and in view of the judgment of Hon'ble Delhi High Court in the case of CIT Vs Holcim India Pvt. Ltd. in I.T.A. No. 486/2014 and 299/2014 (90CCH081 Del. High Court), the case of assessee is fully covered in its favour. It was s....

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....e case of assessee is fully covered in its favour by the order of Hon'ble Delhi High Court in the case of CIT Vs Holcim India Pvt. Ltd. (supra) which under similar circumstances has held as under: "13. We are confused about the stand taken by the appellant-Revenue. Thus, we had asked Sr. Standing Counsel for the Revenue, to state in his submission raised was that the shares would have yielded dividend, which would be exempt income and therefore, the CIT(A) had invoked Section 14A to disallow the entire expenditure. The aforesaid submission does not find any specific and clear narration in the reasons or the grounds given by the CIT(A) to, make the said addition. Possibly, the CIT(A), though it is not argued before us, had taken the sta....

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....diture incurred by the assessee in relation to income which does not form part of the total income under the Act. Hence, what Section 14A provides is that if there is any income which does not form part of the income under the Act, the expenditure which is incurred for earning the income is not an allowable deduction. For the year in question, the finding of fact is that the assessee had not earned any tax free income. Hence, in the absence of any tax free income, the corresponding expenditure could not be worked out for disallowance. The view of the CIT(A), which has been affirmed by the Tribunal, hence does not give rise to any substantial question of law. Hence, the deletion of the disallowance of Rs. 2,03Js2/- made by the Assessing Offi....