The Delhi High Court dismissed the revenue's appeal against an ITAT order that set aside a section 14A disallowance. The Court held that since the ITAT followed the precedent Delhi Cloth Mills Limited vs. DCIT, no substantial question of law arose.
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THE PR. COMMISSIONER OF INCOME TAX-4 ..... Appellant Through: Mr. Puneet Rai and Mr. Ruchir Bhatia, Advs.
versus
M/S HEMA ENGINEERING INDUSTRIES LTD. ..... Respondent Through:
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R % 08.03.2017
The revenue is aggrieved by an order of the ITAT which set aside the disallowance under section 14A, on the premise that the disallowance was more than the tax exempt income, based upon the ruling of this Court in Delhi Cloth Mills Limited vs. DCIT 372 ITR 694.
Since the ITAT has merely followed the decision of this Court, no substantial question of law arises. The appeal is, therefore, dismissed.
S. RAVINDRA BHAT, J
NAJMI WAZIRI, J
MARCH 08, 2017/acm
2 issues framed by the court
Whether substantial question of law arises when ITAT merely followed the decision of this Court in Delhi Cloth Mills vs. DCIT regarding section 14A disallowance.
Whether the appeal by the revenue against the ITAT order in relation to section 14A disallowance should be allowed.
Colour shows how this judgement treated each authority
Delhi Cloth Mills Limited vs. DCITFollowed¶9
Delhi Cloth Mills Limited vs. DCIT 372 ITR 694
1 provisions across 1 enactments
The PR. Commissioner of Income Tax-4
M/S Hema Engineering Industries Ltd.
S. Ravindra Bhat
Najmi Waziri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
