DCIT CORPORATE CIRCLE 2 (1), CHENNAI V. M/S GEMINI COMMUNICATIONS LIMITED, CHENNAI

ITA 1441/CHNY/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1023 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TRIPURA SUNDARI
• Keywords: Earning of tax free income
• Section: 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH : CHENNAI . , ! ' # ' $ . %& , ( * + [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.1441/CHNY/2018. / ASSESSMENT YEAR : 2013-2014. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1) CHENNAI 600 034. VS. M/S. GEMINI COMMUNICATIONS LTD, NO.1, DR. RANGA ROAD, ALWARPET, CHENNAI 600 018. [PAN AAACG 2531K] ( ,- / APPELLANT) ( ./,- /RESPONDENT) / APPELLANT BY : MS. TRIPURA SUNDARI, CIT. /RESPONDENT BY : NONE /DATE OF HEARING : 11-09-2018 ! /DATE OF PRONOUNCEMENT : 11-09-2018 0 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER IN THIS APPEAL FILED BY THE REVENUE, WHICH IS D IRECTED AGAINST AN ORDER DATED 30.01.2018 OF LD. COMMISSION ER OF INCOME TAX (APPEALS)-6, CHENNAI, IT IS AGGRIEVED THAT LD. COM MISSIONER OF INCOME TAX (APPEALS) DELETED A DISALLOWANCE MADE BY THE LD . ASSESSING OFFICER U/S.14A OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. LD. COUNSEL FOR THE REVENUE SUBMITTED THAT THOUGH A SSESSEE WAS NOT HAVING ANY EXEMPT INCOME, SECTION 14A R.W.R .8D HAD TO BE APPLIED CONSIDERING CBDT CIRCULAR NO.5/2014, DATED 11.02.2014. ITA NO.1441 /2018 :- 2 -: 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. 4. WE HAVE PERUSED THE ORDERS AND HEARD THE CONTENTION OF THE LD. DEPARTMENTAL REPRESENTATIVE. LD. COMMISSIONER OF INCOME TAX (APPEALS) HAD DELETED THE DISALLOWANCE U/S.14A R.W. R. 8D RELYING ON A DECISION OF THIS TRIBUNAL IN ASSESSEES OWN CASE FO R ASSESSMENT YEAR 2010-2011 IN ITA NO.1933/MDS/2015, DATED 18.03.2016 . WE ALSO FIND THAT THE HONBLE JURISDICTIONAL HIGH COURT IN THE C ASE OF REDINGTON INDIA LTD VS. ADDL. CIT, 392 ITR 623 HAD HELD THAT SECTION 14A OF THE ACT HAD NO APPLICATION WHEN ASSESSEE HAD NOT CLAIME D EXEMPT INCOME. ACCORDINGLY, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS). 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DI SMISSED. ORDER PRONOUNCED ON TUESDAY, THE 11TH DAY OF SEPT EMBER, 2018, AT CHENNAI. SD/- SD/- ( ' # ' $ . %& ) ( DUVVURU RL REDDY ) ( / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 11TH SEPTEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF