M/s. K.M. Realtech Ltd., New Delhi V. ACIT, Faridabad

ITA 4083/DEL/2015

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 7790 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 22-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 14A

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NO. 4083 /DEL/201 5 A.Y. : 20 10 - 11 M/S K.M. REALTECH LIMITED, C/O RRA TAXINDIA, D-28, SOUTH EXTENSION, PART-I, NEW DELHI 110 049 (PAN: AAICS7679C) VS. ACIT, CIRCLE - II, FARIDABAD (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) ASSESSEE BY : SH. SOMIL AG G ARWAL, ADV. DEPARTMENT BY : MS. RASHMITA JHA, SR. DR. DATE OF HEARING : DATE OF HEARING : DATE OF HEARING : DATE OF HEARING : 24.09.2018 24.09.2018 24.09.2018 24.09.2018 DATE OF ORDER : DATE OF ORDER : DATE OF ORDER : DATE OF ORDER : 2 22 27 77 7- -- -09 0909 09- -- -201 201 201 2018 88 8 ORDER ORDER ORDER ORDER PER PER PER PER K. K.K. K. NARASIMHA NARASIMHA NARASIMHA NARASIMHA CHARY, J.M. CHARY, J.M. CHARY, J.M. CHARY, J.M. THIS IS AN APPEAL CHALLENGING THE ORDER DATED 05.0 5.2015 IN APPEAL NO. 84/13-14 FOR ASSESSMENT YEAR 2010-11 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), FARIDABAD (IN SHORT LD. CIT( A)). 2. AT THE OUTSET, LD. AUTHORISED REPRESENTATIVE F OR THE ASSESSEE SUBMITTED THAT THIS MATTER RELATES TO THE DISALLOWANCE BY I NVOKING THE PROVISIONS OF SECTION 14A OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) RE AD WITH RULE 8D OF THE INCOME 2 TAX RULES, 1962 (IN SHORT RULES) TO THE TUNE OF R S. 10,51,178/-. IT WAS FURTHER SUBMITTED THAT THE APPEAL PREFERRED BY THE REVENU E WAS DISMISSED ON 23.08.2018 BY THE ITAT IN ITA NO. 4287/DEL/2015 (AY 2010-11), VIEW OF THE INSTRUCTIONS GIVEN IN THE CBDT CIRCULAR NO. 3/201 8 DATED 11.07.2018. IN THE CIRCUMSTANCES, THE LD. AR FURTHER SUBMITTED THAT IN VIEW OF THE SMALLNESS OF THE CLAIM INVOLVED IN THIS APPEAL, THE ASSESSEE DOES NO T WANT TO PRESS THE SAME FOR ADJUDICATION, HOWEVER, WITH A PRAYER THAT LIBERTY M AY BE GRANTED TO THE ASSESSEE TO RAISE ALL THE LEGAL AND FACTUAL GROUNDS IN ANY SUBSEQUENT YEAR WHERE THE ASSESSEE CHOOSES TO CHALLENGE THE SIMILAR ADDI TION. 3. LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDES THE REQUEST MADE BY THE LD. A.R. FOR THE ASSESSEE AND SUBMITTED THAT IT IS A FACT THAT THE APPEAL PREFERRED BY THE REVENUE IN ITA NO. 4287/DEL/2015 (AY 2010-11 ) WAS DISMISSED AS STATED ABOVE. LD. DR FURTHER SUBMITTED THAT THIS AP PEAL MAY BE DISMISSED IN VIEW OF THE WITHDRAWAL OF THE SAME BY THE ASSESSEE BY RE SERVING THE LIBERTY TO THE ASSESSEE TO CHALLENGE ANY FUTURE ADDITION ON THE BA SIS OF SECTION 14A OF THE ACT ON THE LEGAL AND FACTUAL GROUNDS. 4. HENCE, WHILE RECORDING THE FACTS, WE DISMISS THI S APPEAL AS WITHDRAWN AND THE ASSESSEE IS AT LIBERTY TO CHALLENGE ANY FUT URE ADDITION U/S. 14A OF THE ACT ON THE LEGAL AND FACTUAL GROUNDS WITHOUT REFERENCE TO THE WITHDRAWAL. 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27/09/2018. SD/- SD/- [ [[ [G.D. AGRAWAL] G.D. AGRAWAL] G.D. AGRAWAL] G.D. AGRAWAL] [ [[ [K. K.K. K. NARASIMHA NARASIMHA NARASIMHA NARASIMHA CHARY] CHARY] CHARY] CHARY] PRESIDENT PRESIDENT PRESIDENT PRESIDENT JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER DATE 27/09/2018 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES