In this short appeal, the Revenue challenged the ITAT's order deleting a Section 14A disallowance because the assessee had derived no tax-exempt income. The Delhi High Court held that no question of law arose under the prevailing judicial ratio.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FEEDBACK INFRA PVT.LTD. ..... Respondent Through Mr.Aniket D.Agarwal, Adv.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA
In the present appeal, the Revenue is aggrieved by the order of the ITAT which held that the disallowance made by the Revenue Authorities (AO) under Section 14A was unjustified and not in accordance with law.
The Revenue’s Appellate Authority and the Tribunal noticed that in given assessment year concerning to the assessee, as a matter of fact, no tax exempt income had been derived so as to attract Section 14A. By applying the ratio of the judgment of this Court in Cheminvest Ltd. v. Commissioner of Income Tax [2015] 378 ITR 33 (Del), the Tribunal held that the disallowance was not justified. This Court notices that this view has been subsequently endorsed in other decisions as well. Therefore, no question of law arises and appeal is accordingly dismissed.
S. RAVINDRA BHAT, J
A. K. CHAWLA, J
MAY 01, 2018/ndn
1 issue framed by the court
Whether the disallowance under Section 14A is justified when no tax-exempt income was derived by the assessee?
Colour shows how this judgement treated each authority
Cheminvest Ltd. v. Commissioner of Income TaxFollowed¶12
_Cheminvest Ltd. v. Commissioner of Income Tax_ [2015] 378 ITR 33 (Del)
1 provisions across 1 enactments
The Pra. Commissioner of Income Tax -3
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S. Ravindra Bhat
A. K. Chawla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
