ACIT, CENTRAL CIRCLE-18, NEW DELHI vs. HINDUSTAN POWER PROJECT P.LTD, NEW DELHI

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ITA 2188/DEL/2018Status: DisposedITAT Delhi26 August 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to low tax effect, as per CBDT circulars. Therefore, the appeal was dismissed without delving into the merits of the grounds raised.

What were the facts?

The Revenue appealed the CIT(A)'s order deleting additions related to Section 14A and disallowance of bad debts. The assessee did not appear for the hearing.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the low tax effect. Secondary issues involved the applicability of Section 14A and the disallowance of bad debts.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C” NEW DELHI

Before: SHRI R.K. PANDA & SHRI VIJAY PAL RAO

For Appellant: Ms. Anima Barnwal, Sr.D.R

PER VIJAY PAL RAO, J.M. This appeal by the Revenue is directed against the order dated 02.11.2017 by Commissioner of Income Tax (Appeals)- XXXVIII, New Delhi for the Assessment Year 2011-12. The Revenue has raised the following grounds of appeal as under: “1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.92,18,848/- by holding that Section 14A of the Act is not applicable where no exempt income is earned during the year.

1.

2. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.92,18,848/- without taking into account the CBDT circular no. 5/2014 dated 11.02.2014.

3. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.92,18,848/- without appreciating the fact that Section 14A of the Act does not require that it would operate only if the investment yields positive result by way of positive income.

4.

Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in deleting the disallowance of Rs. 31,50,161/- on account of bad debts made by the A.O. without appreciating the fact during the course of assessment proceedings, the assessee failed to furnish any proof to justify its claim of bad debts. 5. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in admitting additional evidence u/r 46A without appreciating the fact that the assessee was granted reasonable opportunity by the A.O. during course of assessment to furnish the evidence which assessee did not avail without any sufficient reason. 6. The appellant craves leave to add, alter or amend any/all of the grounds of appeal

before or during the course of the hearing of the appeal.”

2. None has appeared on behalf of the assessee despite the notices issued through RPAD. At the outset, it is noted that the tax effect in the Revenue’s Appeal is below the monetary limit prescribed in the CBDT Circular No.17/2019 dated 08.08.2019.

3.

The ld. DR has fairly admitted that the tax effect in the Revenue’s Appeal is less than the monetary limit provided in the CBDT Circular No. 17/2019 dated 08.08.2019 and it does not fall in any of the exception provided in the said Circular.

Accordingly, in view of low tax effect in Revenue’s Appeal, the same is not maintainable and liable to be dismissed.

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