Income Tax Officer, Ward-16(2), Hyderabad, Hyderabad V. Phoenix Infratech (India) Private Limited, Hyderabad

ITA 1427/Hyd/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5985 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-05-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 10-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITHARAM
• Assessee Lawyers: P MURALI MOHAN RAO
• Section: 14A

Judgement Text

ITA NO 1427 OF 2017 PHOENIX INF RATECH INDIA P LTD HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.1427/HYD/2017 (ASSESSMENT YEAR: 2013-14) DY. COMMISSIONER OF INCOME TAX, CIRCLE 16(2) HYDERABAD VS M/S. PHOENIX INFRATECH (INDIA) PRIVATE LTD HYDERABAD PAN: AACCC2322G (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI M. SITHARAM, DR FOR ASSESSEE : SHRI P. MURALI MOHAN RAO O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y 2013-14 AGAINS T THE ORDER OF THE LEARNED CIT (A)-4, HYDERABAD, DATE D 31.05.2017. THE ONLY ISSUE INVOLVED IN THIS APPEAL IS AGAINST T HE ORDER OF THE CIT (A) DELETING THE DISALLOWANCE MADE BY THE AO U/ S 14A OF THE ACT. 2. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE CIT (A) HAS DELETED THE DISALLOWANCE U/S 14A OF THE ACT ON THE GROUND THAT THE ASSESSEE HAS NOT CLAIMED ANY INCOME AS EXE MPT FROM TAX DURING THE RELEVANT FINANCIAL YEAR AND THE COORDINA TE BENCH OF THE TRIBUNAL (TO WHICH BOTH OF US ARE SIGNATORY) IN THE CASE OF THE DATE OF HEARING: 23.05 . 201 8 DATE OF PRONOUNCEMENT: 25.05.2018 ITA NO 1427 OF 2017 PHOENIX INF RATECH INDIA P LTD HYDERABAD. PAGE 2 OF 2 ASSESSEE FOR THE A.YS 2010-11 TO 2012-13 IN ITA NOS .720 TO 722/HYD/2016 DATED 28.09.2016 HAVE HELD THAT NO DIS ALLOWANCE U/S 14A IS TO BE MADE WHERE THERE IS NO CLAIM OF EX EMPT INCOME FROM TAX. WE FIND THAT THE CIT (A) HAS FOLLOWED THE SAID DECISION TO DELETE THE DISALLOWANCE U/S 14A OF THE ACT. THEREFO RE, WE SEE NO REASON TO INTERFERE WITH THE ORDER OF THE CIT (A). 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH MAY, 2018. SD/- SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 25 TH MAY 2018. VINODAN/SPS COPY TO: 1 DY.CIT, CIRCLE 16(2), 2 ND FLOOR, B BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD 2 M/S. PHOENIX INFRATECH (INDIA) PRIVATE LTD, PLOT NO.1335, ROAD NO.45, JUBILEE HILLS, HYDERABAD 3 CIT (A) - 4 HYDERABAD 4 PR. CIT 4 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER