CIT vs. DCM SHRIRAM CONSOLIDATED LTD

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ITA - 162 / 2012HC Delhi16 March 20121 pages
For Petitioner: SANJEEV SABHARWAL
AI SummaryDismissed

What did the High Court hold?

The Tribunal was justified in deleting the penalty. Rule 8D was not retrospective for AY 2006-07, and the assessee's treatment of bad debt provisions under Section 115JB was based on prevailing understanding before a retrospective amendment.

What were the facts?

The Revenue appealed against the deletion of penalty under Section 271(1)(c) for AY 2006-07. The penalty was imposed due to disallowance under Section 14A using Rule 8D and non-addition of bad debt provisions under Section 115JB.

What were the issues?

Whether penalty under Section 271(1)(c) was leviable for disallowance under Section 14A when Rule 8D was not retrospective, and for non-addition of bad debt provisions under Section 115JB based on pre-amendment understanding.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 14A,Section 115JB

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 162/2012 . . . CIT ..... Appellant . Through: Mr. Sanjeev Sabharwal, Sr. Standing counsel . versus . . . DCM SHRIRAM CONSOLIDATED LTD ..... Respondent . Through: Mr. V P Gupta and Mr. Basant Kumar, Advs. . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 16.03.2012 . . . Revenue by this appeal impugns order dated 14.7.2011 passed by the Tribunal affirming the order of the CIT(Appeals) deleting penalty under Section 271(1)(c) of the Income Tax Act, 1961 (?Act?, for short). The appeal pertains to assessment year 2006-07. . 2. Penalty was imposed to two grounds. The Assessing Officer had made disallowance under Section 14A of the Act by applying Rule 8D. On the first aspect it is noticed that this Court has held that Rule 8D is not retrospective and will not apply to assessment year 2006-07. On the second aspect it is noticed while computing profits under Section 115JB the assessee had not added back provisions made for bad debt. However, bad and doubtful debts had been added back under the normal provisions. CIT(Appeals) and the tribunal have deleted the said penalty observing . that the position became clear when the retrospective amendment was made w.e.f. 1.4.2001 vide Finance (No.2) Act, 2009. In the present case, the assessee had filed the return on income on 29.11.2006, which was revised on 31.3.2008. These are before the retrospective amendment in 2009. The assessee had relied on CIT v. HCL Comnet System and Services Ltd. (2008) 305 ITR 409 (SC) and submitted that no adjustment was required to be made for provision for bad and doubtful debts under clause (c) of the Explanation to Section 115JB. In these circumstances, we feel the Tribunal was justified in accepting and holding that the case is covered by Explanation 1 Clause (B) to Section 271(1) and had correctly dismissed the appeal of the Revenue deleting the penalty. . No substantial question of law arises. The appeal is dismissed. . . . SANJIV KHANNA, J . . . . . . . R.V.EASWAR, J . MARCH 16, 2012 . vld . . . $ 35 .

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