Appeal details
Counselvise Citation
[2017] 127 COUNSELVISE.COM (IT) 2815 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 8 month(s) 15 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
22-12-2017
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
F
Assessment Year
2010-2011
Appeal Filed On
06-04-2016
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: F , NEW DELHI BEFORE SHRI G.D.AGRAWAL , PRESIDENT AND SMT. BEENA A PILLAI, JUDICIAL MEMBER ITA NO. 747 /DEL/201 6 A.Y. 20 08 - 09 D CIT CIRCLE 11(1) NEW DELHI VS . M/S HEMA ENGINEERING INDUSTR IES LTD. SACHIDANAND FARM HOUSE KISHAN GARH VILLAGE (NEAR DDA SPORTS COMPLEX) IN FRONT OF SWIMMING POOL LANE GREEN AVENUE VASANT KUNJ NEW DELHI 110 070 PAN: AAACH0118F A N D IN ITA NO. 1803 /DEL/201 6 A.Y. 20 10 - 1 1 DCIT CIRCLE 17(1) NEW DELHI VS . MOSER BARE SOLAR LTD . 43B, OKHLA INDL. ESTATE PHASE III NEW DELHI PAN: AAECP 1955A (APPELLANT) (RESPONDENT) APPELLANT BY SHRI ATI Q AHMAD, SR.D.R. RESPONDENT BY NONE APPEARED DATE OF HEARING 19/12/2017 DATE OF PRONOUNCEMENT 22/12/2017 PAGE 2 OF 3 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER T HE PRESENT APPEAL S BY R EVENUE HA VE BEEN FILED AGAINST ORDER DATED 0 4/ 12 /1 5 PASSED BY LD.CIT(A) - 4 AND ORDER DATED 29/01/16 PASSED BY CIT(A) - 19 , NEW DELHI FOR ASSESSMENT YEAR 20 08 - 09 AND 2006 - 07 RESPECTIVELY . 2. THE ONLY ISSUE RAISED BY REVENUE IN THESE APPEALS IS AGAINST DELETION OF DISALLOWANCE MADE BY LD.AO U/S 14A R.W.RULE 8D. IT HAS BEEN SUBMITTED BEFORE LD.CIT(A) THAT NO DIVIDEND INCOME HAS BEEN RECEIVED DURING THE YEAR UNDER CONSIDERATION BY THE ASSESSE. 2.1 . LD. DR PLACED RELIANCE UPON THE ORDER PASSED BY LD.AO IN SUPPORT OF HIS ARGUMENTS. HE PLACED RELIANCE UPON THE CBDT CIRCULAR NO. 5/2014 DATED 11/02/014. 2.2 . IT HAS BEEN SUBMITTED BEF ORE LD. CIT (A) THAT ASSESSEE HAS NOT RECEIVED ANY DIVIDEND INCOME DURING THE YEAR UNDER CONSIDERATION. 3 . WE HAVE PERUSED THE RELEVANT MATERIAL ON RECORD IN BOTH THE APPEALS BEFORE US, AND FIND THAT THIS ISSUE STANDS SETTLED IN FAVOUR OF ASSESSEE BY THE HON BLE JUDICIAL HIGH COURT IN THE CASE OF CHEMINVEST LTD VERSUS CIT (2015) REPORTED IN 378 ITR 33 WHEREIN IT HAS BEEN HELD THAT IF THERE IS NO EXEMPT INCOME, THERE CAN BE NO QUESTION OF MAKING ANY DISALLOWANCE UNDER SECTION 14 A. SIMILAR VIEW HAS ALSO BEE N TAKEN BY HON BLE JUDICIAL HIGH COURT IN THE CASE PAGE 3 OF 3 OF CIT VERSUS HOLCIM INDIA PVT. LTD V IDE ORDER DATED 05/09/14 IN ITA NO. 486/2014 AND 299/2014. 3 .1 . IN VIEW OF THESE BINDING PRECEDENTS WE DO NOT FIND ANY INFIRMITY IN THE ADDITION BEING DELETED AS THERE IS NO EXEMPT INCOME WHICH HAS BEEN RECORDED BY LD.CIT(A) ON THE FACTS OF THE PRESENT CASE. ACCORDINGLY THIS GROUND RAISED BY THE REVENUE STANDS DISMISSED. 4 . IN THE RESULT APPEAL S FILED BY REVENUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/12/2017. SD/ - SD/ - ( G. D.AGRAWAL ) (BEENA A PILLAI) PRESIDENT JUDICIAL MEMBER DATED : 22 ND DECEMBER , 2017. *MV COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CI T 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, DELHI BENCHES, NEW DELHI
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