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The Pr. Commissioner of Income Tax-4 Versus Info Eldge India Ltd.

2016 (5) TMI 949 - DELHI HIGH COURT

Disallowance u/s 14A - whether the observations in the decision of Maxopp Investment (2011 (11) TMI 267 - Delhi High Court ) to the effect that the AO has to record reasons as to why the claim of the Assessee in respect of the expenditure incurred fo .....

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(supra) specific to the issue of AO having to record reasons prior to making a disallowance under Section 14-A of the Act has been consistently followed not only by this Court in subsequent decisions but by the ITAT as well. In any event, the Court i .....

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andum of the present appeal, the Court finds that the AO applied Rule 8D of the Rules after being unable to determine what expenditure was incurred by the Assessee for the purposes of Section 14A. Therefore, remanding the issue to the AO would have s .....

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7436 of 2016 (for condonation of delay) 1. For the reasons stated therein, the delay in filing the appeal is condoned. 2. The application is disposed of. ITA No. 310 of 2016 3. This appeal by the Revenue is directed against the order dated 31st July .....

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(Del) deleted the disallowance made by the Assessing Officer ( AO ) under Section 14A of the Income Tax Act, 1961 ( Act ) by applying Rule 8D of the Income Tax Rules, 1962 ( Rules ). 5. Two points were urged by learned counsel for the Revenue. The fi .....

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n 14A should be discarded was only obiter dicta and therefore not a binding precedent as far as the ITAT was concerned. 6. This Court is not prepared to entertain the above plea. The above decision of the Maxopp Investment (supra)specific to the issu .....

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