Thursday, 8 December 2011

Disallowance under section 14A going against assessee

Please refer the latest two case laws on section 14A which are against the assessee. please take necessary precautinory measures at the time of assessments & appeals.

S. 14A --Income--Computation--Disallowance of expenditure related to exempt income--Interest attributable to investment in shares--No evidence that loans not utilized for acquisition of shares--No new shares purchased in immediately preceding years--Not relevant--Disallowance of proportionate part of interest attributable to investment in shares dividends from which exempt--Justified-- Dhanuka and Sons v. CIT (Cal) . . . 319



----Interest on borrowed capital--Expenditure in relation to income not forming part of total income--Borrowed funds utilised for acquisition of shares in company of which assessee acquired controlling interest--Acquisition of shares in form of investment and only benefit is dividend income--Assessee not entitled to deduction of interest-- CIT v. Smt. Leena Ramachandran (Ker) . . . 296

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