MALA MADHUKAR PAREKH, MUMBAI V. ITO WD 12(3)(1), MUMBAI

ITA 2484/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 87892 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 12-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 02-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASGHAR ZAIN SR
• Section: 14A

Judgement Text

, ( ) IN THE INCOME TAX APPELLATE TRIBUNAL B B ENCH, MUMBAI . . , BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER A ND SHRI SANJAY GARG,JUDICIAL MEMBE R ./I.T.A. NO.2484/MUM/2013 ( ! ! ! ! ' ' ' ' / ASSESSMENT YEAR :2009-10) SMT. MALA MADHUKAR PAREKH 2 ND FLOOR, MAFATLAL HOUSE, BACKBAY RECLAMATION, MUMBAI-400 020. / VS. INCOME TAX OF FICER WARD-12(3)(1) AAYAKAR BHAVAN MUMBAI-20. ./ ./PAN/GIR NO. : AADPP 2253 K ( /APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ANUJ KISNADWALA - CA / RESPONDENT BY : SHRI ASGHAR ZAIN - SR. AR / DATE OF HEARING : 12/01/2015 / DATE OF PRONOUNCEMENT : 12/01/2015 # / O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER OF LD. CIT(A) DATED 01/01/2013. T HE ISSUE INVOLVED IN THE PRESENT APPEAL IS RELATING TO DISAL LOWANCE MADE BY THE LOWER AUTHORITIES U/S. 14A R.W.R. 8D OF THE INC OME TAX RULES. ITA NO.2484/M/2013 2 2. AT THE OUTSET THE LD. AR OF THE ASSESSEE HAS SUB MITTED THAT THE ASSESSEE IN HER COMPUTATION OF INCOME HAD NOT C LAIMED ANY EXPENDITURE. HENCE, THERE WAS NO QUESTION OF DISALL OWANCE OF EXPENDITURE EVEN U/S. 14A OF THE ACT. WE AGREE WITH THE SUBMISSIONS OF THE LD. AR. THE QUESTION OF DISALLOW ANCE OF EXPENDITURE WILL ONLY ARISE, IF AN EXPENDITURE MAY BE CLAIMED BY THE ASSESSEE. WHERE NO EXPENDITURE HAS BEEN CLAIMED UNDER ANY HEAD OF INCOME SHOWN BY THE ASSESSEE EARNED FROM DI FFERENT SOURCES, THERE CANNOT BE QUESTION OF DISALLOWANCE O F EXPENDITURE. THEREFORE, THE DISALLOWANCE MADE BY THE LOWER AUTHO RITIES U/S. 14A IS ORDERED TO BE DELETED. 3. IN THE RESULT, APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12/01/2015. # $ %' & '!( % $ SD/- SD/- (B.R. BASKARAN) (SANJAY GARG ) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; '! DATED 12 /01/2015 . ! . ./ JV , SR. PS ITA NO.2484/M/2013 3 # # # # $ $$ $ )*+ )*+ )*+ )*+ ,+'* ,+'* ,+'* ,+'* / COPY OF THE ORDER FORWARDED TO : 1. -. / THE APPELLANT 2. )/-. / THE RESPONDENT. 3. 0 ( ) / THE CIT(A)- 4. 0 / CIT 5. +1 )*! , , / DR, ITAT, MUMBAI 6. 2 3 / GUARD FILE. #! #! #! #! / BY ORDER, /+* )* //TRUE COPY// 4 44 4 / 5 5 5 5 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI.