ACIT, Circle-9(2), New Delhi V. Fortis Health Management Ltd., New Delhi

ITA 4147/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2521 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 31-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rule 8D; Set aside
• Section: 14A

Judgement Text

ITA NO.- 4147/DEL/2018 FORTIS HEALTH MANAGEMENT LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: B: NEW DELHI) (THROUGH VIDEO CONFERE NCING) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEM BER ITA NO:- 4147/DEL/2018 ( ASSESSMENT YEAR: 2013-14) A CIT, CIRCLE- 9(2), NEW DELHI. VS. FORTIS HEALTH MANAGEMENT LTD., C/O. ESCORT HEART INSTT. & RES. CENTRE, OKHLA ROAD, NEW DELHI-110025 PAN NO: AABCF2101R APPELLANT RESPONDENT REVENUE BY : SH. AVIKAL MANU, SR. DR ASSESSEE BY : SH. N.L.GANDHI, CA PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY REVENUE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)- 34, NEW DELHI, [LD. CIT(A), FOR SHORT], DATED 27.03.2018 FOR ASSESSMENT YEAR 2013-14. GROUNDS TAKEN IN THIS APP EAL OF REVENUE ARE AS UNDER: 1. LD. COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN LAW AND ON THE FACTS OF THE CASE IN DELETING THE ADDITION OF RS. 2 ,67,25,327/- MADE BY THE AO ON ACCOUNT OF DISALLOWANCE U/S 14A OF INCOME TAX ACT READ WITH RULE 8D. ITA NO.- 4147/DEL/2018 FORTIS HEALTH MANAGEMENT LTD. PAGE 2 OF 4 2. THE APPELLANT CRAVES LEAVE TO MODIFY, ADD, OR F OREGO ANY GROUND(S) OF APPEAL AT ANY TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. (B) THE ONLY ISSUE IN DISPUTE IN THIS APPEAL IS ADDITIO N ON ACCOUNT OF THE DISALLOWANCE OF RS. 2,67,25,327/- MADE BY THE ASSESSING OFFICER UNDER RULE 8D OF INCOME TAX RULES (IT RULES, FOR SHORT) READ WITH SECTION 14A OF I NCOME TAX ACT (IT ACT, FOR SHORT). IN THE COURSE OF APPELLATE PROCEEDINGS IN INCOME TAX A PPELLATE TRIBUNAL (ITAT, FOR SHORT); THE ASSESSEE FILED COPIES OF ORDERS PASSED IN THE ASSESSEES OWN CASE FOR AY 2012-13; INCLUDING ORDER DATED 10/09/2015 PASSED BY LEARNED CIT(A), ORDER DATED 05/09/2017 PASSED BY CO-ORDINATE BENCH OF ITAT, DEL HI IN ITA NO. 6442/DEL/2015, AND ORDER DATED 11/02/2019 PASSED BY HONBLE DELHI HIGH COURT IN ITA NO. 139/2019 & CM APPEAL 6354/2019. IN ALL THE AFORESAID THREE ORDERS DATED 10/09/2015, 05/09/2017 AND 11/02/2019 THE ISSUE REGARDING DISALLOWANCE U/R 8D OF IT RULES READ WITH SECTION 14A OF IT ACT WAS DECIDED AGAINST REVENUE AND IN FAVOUR OF THE ASSESSEE, THEREBY DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF DISALLOWA NCE U/R 8D OF IT RULES READ WITH SECTION 14A OF IT ACT. AT THE TIME OF HEARING BEFOR E US, BOTH SIDES HAVE AGREED THAT THE ISSUE IN DISPUTE IN THE PRESENT APPEAL IS COVERED I N FAVOUR OF ASSESSEE AND AGAINST REVENUE BY AFORESAID ORDERS DATED 05/09/2017 AND 11 /02/2019. NEITHER SIDE HAS BROUGHT ANY DISTINGUISHING MATERIALS FOR AY 2013-14 TO WHICH THIS APPEAL PERTAINS TO OUR NOTICE AS COMPARED WITH AY 2012-13; TO WHICH AFORES AID ORDER DATED 05/09/2017 AND 11/02/2019, PERTAIN. IN VIEW OF THE FOREGOING, RESP ECTFULLY FOLLOWING THE AFORESAID ORDERS DATED 11/02/2019, AND 05/09/2017 PASSED RESP ECTIVELY BY HONBLE DELHI HIGH COURT AND BY CO-ORDINATE BENCH OF ITAT, DELHI; THE ISSUE IN DISPUTE IN THIS APPEAL IS ITA NO.- 4147/DEL/2018 FORTIS HEALTH MANAGEMENT LTD. PAGE 3 OF 4 DECIDED IN FAVOUR OF THE ASSESSEE AND AGAINST REVEN UE. ACCORDINGLY, WE SET ASIDE THE ORDER OF LD. CIT(A) AND DIRECT THE ASSESSING OFFICE R TO DELETE THE AFORESAID ADDITION OF RS. 2,67,25,327/-. (C) ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PU RPOSES. ORDER WAS ALREADY PRONOUNCED IN OPEN COURT ON 17/02 /2021 AFTER CONCLUSION OF VIRTUAL HEARING. SD/- SD/- (AMIT SHUKLA) (AN ADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 18/02/2021 *BR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI