2025 (12) TMI 71

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.... DR ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue against the order dated 14.03.2025 of the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the First Appellate Authority or 'the ld. FAA' for short) in appeal No.NFAC/2019-20/10181437, filed before him against the order dated 26.09.2022 passed u/s 143(3) r.w.s. 144B of the Income-tax....

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....e significant time, energy and infrastructural resources" to investments and was "not satisfied with the assessee's claim". The CIT(A) deleted the addition because he found that AO failed to record proper satisfaction under Section 14A(2) of the Act. The CIT(A) held that the AO did not examine the assessee's accounts to establish that the suo motu disallowance was incorrect. The order states t....

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....[2018] 91 taxmann.com 154 dated 12.02.2018 (ii) Hon'ble Delhi High Court in Cheminvest Ltd Maxopp Investment Ltd. Vs CIT [2015] 61 taxmann.com 118 [Delhi] dated 02.09.2015 (iii) CBDTCir.05/2014dt. 11.02.2014 4. Now admittedly no exempt income exists hence Section 14A of the Act could not have been invoked. Ld. CIT(A) has dully appreciated this aspect coupled with the fact that....

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....nts were taxable in India, he invoked Section 40(a)(i) to disallow them and CIT(A) held that none of the payments were chargeable to tax in India, so Section 195 did not apply. 6. Though ld. DR has supported the findings of AO however, what is material is that payments for services used outside India are not taxable and factually the CIT(A) found that expenditures of the nature conference charg....