2017 (2) TMI 1469

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....(A.M): These are the appeals filed by Revenue against the order of CIT(A)-10, Mumbai dated 30/09/2014 for the A.Y.2010-11 and 2011-12, in the matter of order passed u/s.143(3) r.w.s.144C of the IT Act. 2. At the outset, learned AR placed on record the order of the Tribunal for the A.Y. 2003-04 to 2009-10 in assessee's own case wherein all the issues raised by the Revenue are covered in favou....

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....d 2009-10, thus deciding the issue in assessee's favour. 4. In view of the above findings of CIT(A) and relying on the decision of the Tribunal in assessee's own case, we do not find any reason to interfere in the order of CIT(A) for deleting disallowance of data processing cost. 5. Next issue pertains to taxability of interest paid to Head Office. We found that the CIT(A) while deciding the....

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....ad Office or other foreign branches and hence there can be no question of the interest expense in question being incurred to earn any exempt income and hence the same cannot be disallowed u/s.14A. The proposition that no disallowance can be made u/s.14A of the Income-tax Act,1961 in case there is no exempt income is now well settled and one can refer to the following cases wherein the said proposi....

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....est earned by the Head Office (which is not taxable). Accordingly, it was pleaded that provisions of Section 14A are not applicable to the said case. 7. We found substantial merit in the contention of learned AR, however, in the interest of justice, we restore the matter back to the file of the AO to find out if assessee was in receipt of any exempt income vis-à-vis interest paid to head....