ACIT Non Corporate Circle 1(1), CHENNAI V. Nalli Trust, CHENNAI

ITA 2543/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5181 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R V SREENIVASAN IRS
• Assessee Lawyers: N DEVANATHAN
• Keywords: Earning of tax free income

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH : CHENNAI . , !' # $! # % . &' , ) + , [ BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NOS.2543 & 2544/CHNY/2017 / ASSESSMENT YEARS : 2008-09 & 2013-2014 THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 1(1) FORMERLY KNOWN AS BUSINESS CIRCLE I, CHENNAI. VS. M/S. NALLI TRUST, NO.9, NAGESWARAN ROAD, T. NAGAR, CHENNAI 600 017. [PAN AAATN 0028K] ( -. / APPELLANT) ( /0-. /RESPONDENT) / APPELLANT BY : SHRI. AR.V. SREENIVASAN, IRS, JCIT. /RESPONDENT BY : SHRI. N. DEVANATHAN, ADVOCATE /DATE OF HEARING : 04-05-2018 ! /DATE OF PRONOUNCEMENT : 07-05-2018 1 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER IN THESE APPEALS FILED BY THE REVENUE, WHICH IS D IRECTED AGAINST AN ORDER DATED 31.07.2017 OF LD. COMMISSIONER OF IN COME TAX (APPEALS)-2, CHENNAI, IT HAS TAKEN ALTOGETHER THREE GROUNDS OF WHICH GROUND NO.1 & 3 ARE GENERAL NEEDING NO SPECIFIC A DJUDICATION. 2. VIDE ITS GROUND NO.2, GRIEVANCE RAISED BY THE DEPAR TMENT IS ON DELETION OF A DISALLOWANCE MADE BY THE LD. ASSESSIN G OFFICER U/S.14A OF THE ITA NOS.2543 & 2544/2017. :- 2 -: INCOME TAX ACT, 1961 (IN SHORT THE ACT) FOR THE IMPUGNED ASSESSMENT YEARS. 3. WE HAVE PERUSED THE ORDERS AND HEARD THE RIVAL CONT ENTIONS. WHAT WE FIND IS THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) HAD DELETED THE DISALLOWANCE FOR A REASON THAT ASSESSEE HAD NO T CLAIMED ANY EXEMPT INCOME DURING THE IMPUGNED ASSESSMENT YEARS. THIS HAS NOT BEEN DISPUTED BY THE LD. DEPARTMENTAL REPRESENTATIVE. BY VIRTUE O F THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF REDINGTON INDIA LTD VS. ADDL. CIT, 392 ITR 623 , WE ARE OF THE OPINION THAT LD. COMMISSIONER OF IN COME TAX (APPEALS) WAS JUSTIFIED IN DELETING THE DISALLOWANC E MADE U/S.14A OF THE ACT. GROUND NO.2 IS DISMISSED. 4. IN THE RESULT, APPEALS OF THE DEPARTMENT IS DISMISS ED. ORDER PRONOUNCED ON MONDAY, THE 7TH DAY OF MAY, 2018, AT CHENNAI. SD/- SD/- ( # $! # % . &' ) ( DUVVURU RL REDDY ) ) / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 7TH MAY, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF