HC-NIC

O/TAXAP/31/2016

ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 31 of 2016 ==========================================================

THE PRINCIPAL COMMISSIONER OF INCOME TAX-1....Appellant(s) Versus ARVIND LTD.....Opponent(s) ==========================================================

Appearance: MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1 ==========================================================

CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE A.J. SHASTRI Date : 21/06/2016 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

1. The Revenue has framed following question in order to challenge the judgement of the Income Tax Appellate Tribunal dated 25.06.2015. “Whether the Assessing Officer is empowered to make disallowance u/s. 14A of the I.T.Act by bifurcating the expenditure in a reasonable manner towards earning the taxable income and exempt income even in absence of Rule 8D of the I.T.?” 2. Having perused the orders on record with the assistance of learned counsel for the Revenue, we find that CIT(Appeals) held that Foreign dividend being taxable in India, disallowance referred to in Section 14A of the Income Tax Act,1961, would not be applicable. Page 1 of 2 Page 1 of 2

Created On Wed Jun 29 18:00:27 IST 2016

HC-NIC

O/TAXAP/31/2016

ORDER

3. That being the position, no question of law arises. Tax appeal is dismissed.

(AKIL KURESHI, J.)

(A.J. SHASTRI, J.) Jyoti

Page 2 of 2 Page 2 of 2

Created On Wed Jun 29 18:00:27 IST 2016