M/s. Royal Crystal Dealers Pvt. Ltd., , Kolkata V. ITO, Ward - 4(1), Kolkata , Kolkata

ITA 238/KOL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6650 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 13-02-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: M D SHAH
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM] I.T.A NO. 238/KOL/201 8 ASSESSMENT YEAR : 2009-1 0 M/S ROYAL CRYSTAL DEALERS PVT. LTD. -VS- IT O, WARD-4(1), KOLKATA [PAN: AADCC 0441 K ] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI M.D. SHAH, AR FOR THE REVENUE : SMT. RANU BISWAS, ADDL. C IT DATE OF HEARING : 07.06.2018 DATE OF PRONOUNCEMENT : 27.06.2018 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKATA (HE REINAFTER THE LD. CIT(A)), DT. 28.04.2016 PASSED U/S 250 OF THE INCOME TAX ACT, 1 961 (THE ACT) FOR THE ASSESSMENT YEAR 2009-10. 2. THE SOLE DISALLOWANCE IN DISPUTE WAS MADE U/S 14 A OF THE ACT READ WITH RULE 8DOF THE INCOME TAX RULE, 1962 (RULE). THE ASSESSEE CL AIMS THAT IT HAD NOT RECEIVED ANY DIVIDEND DURING THE YEAR. THUS, NO DISALLOWANCE CAN BE MADE U/S 14A OF THE ACT AS HELD BY THE HONBLE DELHI HIGH COURT IN THE CASE OF CHEM INVEST IN 378 ITR 33 (DEL). THIS APPEAL IS RESTORED TO THE FILE OF THE AO FOR VERIFI CATION OF THIS CLAIM THAT THE ASSESSEE HAS NOT RECEIVED ANY DIVIDEND AND IF IT IS TRUE, NO DIS ALLOWANCE SHOULD BE MADE U/S 14A OF THE ACT. 2 ITA NO.238/KOL/2018 M/S ROYAL CRYSTALS DEALERS PVT. LTD. A.YR .2009-10 2 3. IN VIEW OF THE ABOVE, THIS APPEAL IS SET ASIDE T O THE FILE OF THE LD. AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 27.06.2018 SD/- [ J.SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 27.06.2018 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. M/S ROYAL CRYSTAL DEALERS PVT. LTD., 11A, ESPLAN ADE EAST, 3 RD FLOOR, KOLKATA-700069. 2. ITO, WARD-4(1), KOLKATA, AAYAKAR BHAWAN, P-7, CH OWRINGHEE SQUARE, KOLKATA-700069. 3..C.I.T.(A)- , KOLKATA 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S