2023 (10) TMI 1361

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Jiten Sanghvi & Shri Amit Khatwala. For the Department : Ms. Sanyogita Nagpal. ORDER PER B.R. BASKARAN (AM) :- The appeal filed by the revenue and the cross objection filed by the assessee are directed against the order dated 31.3.2023 passed by Ld CIT(A), NFAC, Delhi and they relate to the assessment year 2014-15. 2. The revenue is aggrieved by the decision of Ld CIT(A) in granting relief ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of above said disallowance for computing book profit u/s 115JB of the Act also. 4. Before Ld CIT(A), the assessee took various contentions, which, inter alia, included a contention that the disallowance should not exceed the amount of exempt income. In this regard, reliance was placed upon the decision rendered by Hon'ble Delhi High Court in the case of Caraf Builders and Constructions P Ltd (20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....5JB of the Act. 6. Aggrieved by the above said decisions, the revenue has filed this appeal. The assessee has filed cross objection contending that, for the purpose of computing average value of investments under Rule 8D, only those investments which have yielded dividend income should be considered. 7. We heard the parties and perused the record. We notice that the Ld CIT(A) has followed the de....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....be computed for the purpose of Rule 8D should be computed by considering only those investments, which have yielded dividend income. The above said contention finds support from the decision rendered by Delhi Special Bench in the case of Vireet Investments P Ltd (supra). Accordingly, we direct the AO to compute average value of investments by considering only those investments, which have yielded ....