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2019 (3) TMI 1398 - AT - Income TaxDisallowance u/s 14A while computing book profit u/s 115JB - MAT computation - HELD THAT:- This question in favour of the assessee and held that computation for the purpose of clause (f) of Explanation 1 to Section 115JB(2) is to be made without resorting to the computation as contemplated under section 14A r.w. rule 8D. Respectfully following the decision of ACIT Vs. Vireet Investments P.Ltd. [2017 (6) TMI 1124 - ITAT DELHI] we allow this ground of appeal and direct the AO not to make adjustments in book profit for the purpose of MAT liability on the basis of calculations made with Rule 8D of the Income Tax Rules. Depreciation @ 25% on leasehold right acquired in respect of land at Dahej SEZ - HELD THAT:- Since there is no independent finding recorded by the ld.CIT(A) in this year except putting reliance on the order of the ld.CIT(A) in the Asstt.Year 2011-12 and that order has already been set aside by the ITAT and the issue has been remitted to the file of AO for adjudication afresh. Similar procedure be followed in this year also. Respectfully following the order of the Co-ordinate Bench, we allow this ground of appeal for statistical purpose and restore the issue to the file of the AO who will follow directions given by the ITAT in the Asstt.Year 2011-12.
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