ACIT, Circle-16(1), Hyd, Hyderabad V. Lanco Thermal Power Limited, Hyderabad, Hyderabad

ITA 1610/HYD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6554 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-07-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 29-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAJVANSH I JAIN
• Assessee Lawyers: P MURALI MOHAN RAO
• Keywords: Earning of tax free income
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ITA NO. 1610/HYD/2016 & C.O NO. 05/HYD/2018 ASSESSMENT YEAR: 2012-13 ACIT, CIRCLE-16(1), HYDERABAD. VS. LANCO THERMAL POWER LIMITED, HYDERABAD. PAN AABCV6386N (APPELLANT) / CROSS OBJECTOR (RESPONDENT) REVENUE BY : SMT. A. RAJVANSH I JAIN , DR ASSESSEE BY : S HRI P. MURALI MOHAN RAO , AR DATE OF HEARING 17 . 0 7 . 2018 DATE OF PRONOUNCEMENT 18 . 0 7 . 201 8 O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A)-4, HYDERABAD DATED 25.08.2016 FOR THE A.Y 2012- 13. THE ONLY GRIEVANCE OF THE REVENUE IN ITS APPEAL IS IN RESPECT OF DELETION OF DISALLOWANCE MADE U/S 14A OF THE IT ACT. 2. FACTS IN BRIEF ARE THAT THE A.O WHILE COMPLETING THE ASSESSMENT MADE DISALLOWANCE U/S 14A R.W.S 8D OF IT RULES. ON AN APPEAL THE LD. CIT(A) DELETED THE DISALLOWANCE FOR THE REASON THAT THE ASSESSEE COMPANY DID NOT EARN ANY DIVIDEND / EXEMPT INCOME FROM INVESTMENTS DURING THIS ASSESSMENT YEAR. AGAINST THIS ORDER REVENUE IS IN APPEAL BEFORE US. 3. AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE IN APPEAL IS SQUARELY COVERED BY THE DECISION OF THE HONBLE ITAT, HYDERABAD BENCH IN THE CASE OF PRATHISTA INDUSTRIES LTD., VS. DCIT IN ITA NO. 1302/HYD/2015 DATED 2 ITA NO. 1610/HYD/16 & C.O NO. 05/HYD/2018 LANCO THERMAL POWER LTD, HYDERABAD. 29.04.2016, A COPY OF THE ORDER IS PLACED BEFORE US. REFERRING TO THIS DECISION LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE HONBLE TRIBUNAL DELETED THE DISALLOWANCE MADE U/S 14A OF THE IT ACT AS NO DIVIDEND / EXEMPT INCOME WAS EARNED DURING THE ASSESSMENT YEAR. 4. ON THE OTHER HAND LD. DR SUPPORTED THE ORDERS OF THE A.O. 5. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW. IT IS THE FINDING OF THE LD. CIT(A) THAT THE ASSESSEE DID NOT RECEIVE ANY EXEMPT INCOME DURING THE ASSESSMENT YEAR UNDER APPEAL. THIS FINDING OF THE LD. CIT(A) WAS NOT DISPUTED BY THE REVENUE. WE FURTHER NOTICE THAT THE LD. CIT(A) FOLLOWING THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF PRATHISTA INDUSTRIES LTD., (SUPRA) DELETED THE DISALLOWANCE MADE U/S 14A OF THE IT ACT AS THERE IS NO EXEMPT INCOME RECEIVED BY THE ASSESSEE. IN THE CASE OF PRATHISTHA INDUSTRIES LTD., (SUPRA) THE COORDINATE BENCH DELETED THE DISALLOWANCE U/S 14A OF THE IT ACT FOLLOWING THE DECISION OF THE HONBLE DELHI HIGH COURT IN THE CASE OF CHEMINVEST LTD., REPORTED IN 378 ITR 33, WHEREIN IT HAS BEEN HELD THAT IF THERE IS NO DIVIDEND / EXEMPT INCOME RECEIVED BY THE ASSESSEE DURING THE ASSESSMENT YEAR NO DISALLOWANCE IS REQUIRED TO BE MADE. RESPECTFULLY FOLLOWING THE SAID DECISION WE UPHOLD THE ORDER OF THE LD. CIT(A) AND REJECTS THE GROUNDS RAISED BY THE REVENUE. 6. THE CROSS OBJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS IN VIEW OF OUR ABOVE ORDER. 3 ITA NO. 1610/HYD/16 & C.O NO. 05/HYD/2018 LANCO THERMAL POWER LTD, HYDERABAD. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL AS C.O ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 18 TH JULY, 2018. SD/- SD/- (B. RAMAKOTAIAH) (CHALLA NAGENDRA PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 18 TH JULY, 2018 KRK COPY TO:- 1) M/S LANCO THERMAL POWER LTD, LANCO HOUSE, PLOT NO. 4, SOFTWARE UNITS LAYOUT, HITECH CITY, MADHAPUR, HYDERABAD 500081. 2) ACIT, CIRCLE-16 (1), HYDERABAD. 3) CIT(A)-4, HYDERABAD. 4) PR. CIT-4, HYDERABAD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6) GUARD FILE