DCIT-CC 5(4) Mumbai Vs. Awas Developers & Construction Private Limited
Case No: ITA No.6282/MUM/2024
Court: INCOME TAX APPELLATE TRIBUNAL ‘K(SMC)’ BENCH, MUMBAI
Date: 1/30/2026
Parties Involved
appellantDCIT-CC 5(4) Mumbai
respondentAwas Developers & Construction Private Limited
Facts Summary
This appeal is filed by the Revenue against the order of the Commissioner of Income Tax(Appeals) [“Ld.CIT(A)”] 53, Mumbai in DIN & Order No.ITBA/APL/S/250/2024-25/1069031172(1) dated 24.09.2024. The Revenue raised two grounds of appeal: the first being the deletion of disallowance made by the AO under section 14A read with Rule 8D(2) of Income Tax Rules, and the second being the deletion of disallowance made by the AO under section 43B of the Income Tax Act, 1961. The department is aggrieved by …
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether section 14A read with Rule 8D(2) should be applied even in cases where exempt income is not accrued or arisen or has not been received during the previous year.
- 2. Whether the disallowance of expenditure claimed by the assessee under section 43B of the Act is valid.
Precedents Relied Upon
4 precedents cited in this judgement.