CIT vs. HERO CORPORATE SERVICES LTD

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ITA - 458 / 2013HC Delhi23 October 20131 pages
For Petitioner: KAMAL SAWHNEY
AI SummaryDismissed

What did the High Court hold?

The tribunal dismissed the Revenue's appeal, finding no grounds to dispute the factual inaccuracies identified by the Commissioner (Appeals). The Commissioner (Appeals) had correctly applied Rule 8D with corrected figures, making the Revenue's appeal inconsequential.

What were the facts?

The assessee earned exempt dividend income and disallowed a portion of expenses under Section 14A. The Assessing Officer made a further disallowance using Rule 8D. The Commissioner (Appeals) found factual inaccuracies in the AO's calculation and recomputed the disallowance.

What were the issues?

Whether the Assessing Officer's disallowance under Rule 8D was correctly calculated, and if factual inaccuracies found by the Commissioner (Appeals) warrant interference.

Which sections of the Income-tax Act were involved?

Section 14A,Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 458/2013 . CIT . ..... Appellant . Through Mr. Kamal Sawhney, Sr. Standing Counsel. . versus . HERO CORPORATE SERVICES LTD . ..... Respondent . Through Mr. Satyen Sethi and Mr. Arta Trana Panda, Advocates. . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE SANJEEV SACHDEVA . . . O R D E R . 23.10.2013 . . . This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 has to be dismissed for multifarious reasons. The assessee had earned exempt dividend income of Rs.1,96,57,658/-. The respondent- assessee had themselves disallowed Rs.17,26,027/- as expenditure incurred on earning of exempt income under Section 14A of the Act. The Assessing Officer did not record any finding that the said disallowance was low or not reasonable. He applied Rule 8D and computed the disallowance at Rs.91,22,219/-. In other words, he made further disallowance of Rs.73,96,192/-. In the first appeal, the Commissioner (Appeals) noticed factual inaccuracies in the figures taken by the Assessing Officer to compute disallowance under Rule 8D. In the grounds of appeal filed before us, it is not alleged or stated that the factual inaccuracies pointed out by the Commissioner (Appeals) are wrong or incorrect. In view of the factual inaccuracies, the Commissioner (Appeals) worked out the disallowance under Rule 8D at Rs. 35,81,657/-. The decision of the Commissioner (Appeals) was accepted by the respondent-assessee. The Revenue, however, preferred an appeal, which has been dismissed by the tribunal. Thus, in the present case Commissioner (Appeals) has relied and referred to Rule 8D and has recomputed the disallowance on the basis of applicable and correct figures. These figures are not disputed by the Revenue in the present appeal in the grounds. We fail to understand how and why, therefore, this appeal has been filed. The tribunal may have made an observation that Rule 8D is not retrospective but that is inconsequential in the present case, as Commissioner (Appeals) has applied Rule 8D on the correct figures. Disallowance has been made by applying Rule 8D. . The appeal is dismissed. . . . SANJIV KHANNA, J. . . . . . . . SANJEEV SACHDEVA, J. . OCTOBER 23, 2013/VKR . . . $ 5. .

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