ITA.Nos.89 & 90/COCH./2017

Parties Involved

Facts Summary

The Revenue appeals against the orders of the learned CIT(A), Trivandrum, in appeal ITA.No.89, 44 & 12/CIT(A),TVM/2011-12, 2013-14 & 2015-16 both dated 12.01.2017, for the assessment years 2010-2011 and 2012-2013, in proceedings u/sec.143(3) of the Income Tax Act, 1961. The Revenue argues that the CIT(A) erred in restricting the disallowance u/s. 14A to the extent of exempt income and in deleting the disallowance made in respect of provision made towards wage arrears. The assessee argues that the disallowance u/s. 14A was calculated as per Rule 8D and there is no provision in the Act that the disallowance should not exceed the exempt income.…

Legal Issues

• 1. Restriction of 14A disallowance
• 2. Deletion of disallowance made in respect of provision made towards wage arrears

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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