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2013 (5) TMI 438 - AT - Income TaxDisallowance u/s 14A r.w.r.8D - assessee contested that income in question is not an exempt income as the same is not covered by the provisions of section 10(38) Held that:- no reason to reject the claim of the assessee for the limited purpose of examining the issue if the dividend income in question does not constitute exempt income for forming part of the total income. In case, the dividend income is not completely examined, it is obvious that the provisions of section 14A do not come into picture. Therefore, the AO is directed to examine the issue afresh and re-adjudicate the same after considering the relevant provisions as well as existing laws if any in force. Disallowance of expenditure incurred on play ground - Held that:- The expenditure incurred on the play ground for (a) Removal of bushes, trees, trees, stumps, roots and their disposal, (b)Filling and leveling of ground (c) Repairing of gutters and broken boundary walls etc , merely brings or adds advantage to the school. The advantages merely facilitate asessee's business operation or enabling it to efficiently or more profitably run its business. One day, the leased land has to go back to the MHADA. Hence, the impugned expenditure constitutes revenue expenditure - appeal of the assessee allowed pro-tanto.
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