Varsha Viswanath Properties… vs ITO | ITAT Hyderabad 2018

Income Tax Appellate Tribunal, HYDERABAD BENCH “A-SMC”, HYDERABAD

Before: SHRI J. SUDHAKAR REDDY

For Appellant: Shri S. Rama Rao

For Respondent: Shri B. Suresh Babu

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “A-SMC”, HYDERABAD BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA No. 480/Hyd/2017 Assessment Year: 2012-13 M/s Varsha Viswanath vs. ITO, Properties Pvt Ltd., Ward-17(3), Tirupati. Hyderabad. PAN- AAACV7381A (Appellant) (Respondent) Assessee by : Shri S. Rama Rao Revenue by : Shri B. Suresh Babu Date of hearing : 09-05-2018 Date of pronouncement : 09-05-2018 ORDER PER SHRI J. SUDHAKAR REDDY, AM: This appeal is filed by the assessee directed against the order of the Ld. CIT(A)-5, Hyderabad, dated 30.01.2017 for the A.Y 2012-13 passed u/s 250 of the IT Act, 1961 (the Act).

The sole issue that arises for my adjudication is whether the disallowance can be made u/s 14A of the Act, when the admitted fact is that the assessee has not earned any exempt income during the year. The Hon’ble Delhi High Court in the case of M/s Cheminvest Ltd., Vs CIT, reported in (2009) 317 ITR 86, has held that no disallowance can be

2 ITA No. 480/Hyd/2017 M/s Varsha Viswanath Properties Pvt Ltd., Tirupati. made u/s 14A of the IT Act, when the assessee has no exempt income.

The order of the Special Bench of the Tribunal, reported in 121 ITD 318 (Del)(SB) has been reversed by the Hon’ble High Court on this issue, hence we uphold the contentions of the assessee by following judgments of the Hon’ble Delhi High Court in the case of M/s Cheminvest Ltd., Vs CIT (supra) and delete the disallowance made u/s 14A of the Act.

In the result this appeal of the assessee is allowed. Pronounced in the open court on 09th May, 2018.

VARSHA VISWANATH PROPERTIES PRIVATE LIMITED. TIRUPATHI,,TIRUPATHI vs. ITO, WARD-17(3), HYDERABAD, HYDERABAD

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