ITO, Ward-8(2), Kolkata, Kolkata V. M/s. Dunlop Rubbers Ltd., Kolkata

ITA 1801/KOL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1744 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 04-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PIJUSH MUKHERJEE CIT DR RE
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Earning of tax free income
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, A CCOUNTANT M EMBER ] I.T.A. NO. 1801 /KOL/201 7 ASSESSMENT YEAR: 20 1 2 - 1 3 INCOME TAX OFFICER WARD - 8 ( 2 ), KOLKATA ..... . . . ... APPELLANT P - 7, CHOWRINGHEE SQUARE 5 TH FLOOR KOLKATA 700 069 M/S. DUNLOP RUBBERS LTD . .. ... RESPONDENT KINGS COURT FLAT NO. 14 & 18 46B, CHOWRINGHEE ROAD KOLKATA 700 071 [PAN : AACCD 7222 Q ] APPEARANCES BY: SHRI MANOJ KATARUKA , ADVOCATE , APPEAR ED ON BEHALF OF THE ASSESSEE. SHRI PIJUSH MUKHERJEE , ADDL. CIT , DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 1 7 TH , 20 18 DATE OF PRONOUNCING THE ORDER : JANUARY 19 TH , 201 8 O R D E R PER J. SUDHAKAR REDDY : - THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 1 2 , KOLKATA , (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 08 / 0 5 /201 7 , FOR THE ASSESSMENT YEAR 20 1 2 - 1 3. 2 . AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE LD. FIRST APPELLATE AUTHORITY HAS FOLLOWED THE JUDGEMENT OF THE HONBLE DELHI HIGH COURT IN THE CASE OF M/S. CHEMINVEST LTD. VS. COMMISSIONER OF INCOME TAX, I.T.A. NO. 749/2014 , ORDER DT. 02/09/2015, WHEREIN IT IS HELD THAT IF NO EXEMPT INCOME IS RECEIVED OR RECEIVABLE DURING THE IMPUGNED ASSESSMENT YEAR, NO DISALLOWANCE CAN BE MADE U/S 14A OF THE ACT. THE LD. CIT(A)S ORDER IN ALSO IN LINE WITH THE JUDGEMENT OF THE HONBLE DELHI HIGH COURT IN THE CASE OF PR. COMMISSIONER OF INCOME TAX VS. IL & FS ENERGY 2 I.T.A. NO. 1801/KOL/2017 ASSESSMENT YEAR: 2012 - 13 M/S. DUNLOP RUBBERS LTD DEVELOPMENT COMPANY LTD. (2017) 297 ITR 0452. HENCE, I FIND NO INFIRMITY IN THIS ORDER OF THE LD. CIT(A) AND UPHOLD THE SAME. 3 . IN THE RESULT, THIS APPEAL OF THE REVENUE IS DISMISSED. KOLKATA, THE 19 TH DAY OF JANUARY , 201 8 . SD/ - [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 19 . 01 .201 8 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. INCOME TAX OFFICER WARD - 8(2), KOLKATA P - 7, CHOWRINGHEE SQUARE 5 TH FLOOR KOLKATA 700 069 2. M/S. DUNLOP RUBBERS LTD KINGS COURT FLAT NO. 14 & 18 46B, CHOWRINGHEE ROAD KOLKATA 700 071 3. CIT(A) - 4. CIT - , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES 3 I.T.A. NO. 1801/KOL/2017 ASSESSMENT YEAR: 2012 - 13 M/S. DUNLOP RUBBERS LTD