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The assessee declared Rs. 2,06,92,53,033 as book profit under s. 115JA of the Act. The return was processed under s. 143(1) of the Act resulting in refund of Rs. 10,62,37,618. Thereafter a notice was issued under s. 143(2) of the Act. The AO by an order dt. 31st Dec., 2002inter aliaheld that since exempted dividend does not form part of income, the assessee is not entitled to disallowance of proportionate expenses as required under s. 14A of the Act. Accordingly, an addition of Rs. 20,38,002 was made by the AO. The aforesaid order was upheld in appeal by the CIT(A). Being aggrieved, the assessee filed an appeal before the Tribunal. The Tribunal vide impugned order dt. 9th Oct., 2009inter aliaheld that since, the business of the assessee is in the nature of indivisible, the expenditure cannot be disallowed. Accordingly, the claim of the appellant under s. 14A(1) of the Act was allowed.

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Sec. 14A of Income-tax Act, 1961 — Expenditure incurred in relation to income not forming part of total income — For the purposes of computing the total income , no deduction shall be allowed in respect of the expenditure incurred by the assessee in relation of the income which does not form part of his total income. The expenditure, the return of investment and cost of requisition are distinct concepts, therefore the word 'incurred' in s. 14A have to be read in the context of the scheme of the Act and if so read, it is clear that it disallows certain expenditures incurred to earn exempt income from being deducted from other incomes which is includible in the total income for the purposes of chargeability to the tax and the case of assessee pertains to income on dividend, which by no stretch of imagination can be treated to be an expenditure to attract the provisions of s. 14A— CIT Vs. Syndicate Bank [2020] 313 CTR 76 (KARN)

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