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In the context of the facts enumerated hereinbefore the Court answers the question framed by holding that the expression 'does not form part of the total income' in Section 14A of the envisages that there should be an actual receipt of income, which is not includible in the total income, during the relevant previous year for the purpose of disallowing any expenditure incurred in relation to the said income. In other words, Section 14A will not apply if no exempt income is received or receivable during the relevant previous year.

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Sec. 14A of Income Tax Act, 1961—Business Disallowance —Deputy CIT vs. JSW LIMITED.[2020] 25 ITCD Online 033 (ITAT-MUMBAI)