ITO Company Ward 5(4), CHENNAI V. Rai Ispat Pvt. Ltd., CHENNAI

ITA 2593/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5179 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 27-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN IRS
• Keywords: Earning of tax free income

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, B (SMC) BENCH : CHENNAI . , !' # $! # % . &' , ) + , [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.2593/CHNY/2017. / ASSESSMENT YEAR : 2013-2014. INCOME TAX OFFICER, COMPANY WARD 5(4) CHENNAI. VS. M/S. RAI ISPAT PVT. LTD, 6/13, NORTH AVENUE, KESAVA PERUMAL PURAM, R.A. PURAM, CHENNAI 600 042. [PAN AAACR 1743C] ( -. /APPELLANT) ( /0-. /RESPONDENT) / APPELLANT BY : SHRI. B. SAGADEVAN, IRS, JCIT. /RESPONDENT BY : NONE /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 THIS APPEAL FILED BY THE REVENUE, WHICH IS DIR ECTED AGAINST AN ORDER DATED 31.07.2017 OF LD. COMMISSION ER OF INCOME TAX (APPEALS)-3, CHENNAI, IT HAS TAKEN ALTOGETHER THRE E GROUNDS OF WHICH GROUND NO.1 & 3 ARE GENERAL NEEDING NO SPECIFIC ADJ UDICATION. 2. VIDE ITS GROUND NO.2, GRIEVANCE RAISED BY THE DEPAR TMENT IS ON DELETION OF A DISALLOWANCE MADE BY THE LD. ASSES SING OFFICER U/S.14A OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). ITA NO.2593/ CHNY/2017 :- 2 -: 3. WE HAVE PERUSED THE ORDERS AND HEARD THE CONTENTION S. WHAT WE FIND IS THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) HAD DELETED THE DISALLOWANCE FOR A REASON THAT ASSESSE E HAD NOT CLAIMED ANY EXEMPT INCOME DURING THE IMPUGNED ASSESSMENT YE AR. THIS HAS NOT BEEN DISPUTED BY THE LD. DEPARTMENTAL REPRESENT ATIVE. BY VIRTUE OF THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT I N THE CASE OF REDINGTON INDIA LTD VS. ADDL. CIT, 392 ITR 623 , WE ARE OF THE OPINION THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) WAS J USTIFIED IN DELETING THE DISALLOWANCE MADE U/S.14A OF THE ACT. GROUND NO.2 IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMISSE D. 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