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Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI ARUN KUMAR GARODIA, AM & SHRI PAVAN KUMAR GADALE, JM
BEFORE SHRI ARUN KUMAR GARODIA, AM AND SHRI PAVAN KUMAR GADALE, JM Assessment Year : 2012 – 13 M/s Vikas Telecom Ltd., JCIT (OSD), Central First Floor, Embassy Point, Circle – 1 (3), vs. 150, Infantry Road, Bangalore Bangalore – 560001. PAN: AABCV4966E APPELLANT RESPONDENT Assessee by : MS Anushree, C. A. Revenue by : Shri Sunil Kumar Agarwal, Addl. CIT DR Date of Hearing : 28.11.2019 Date of Pronouncement : 29.01.2020 O R D E R PER SHRI A.K. GARODIA, AM:
This appeal is filed by the revenue and it is directed against the order of CIT(A) – 13 New Delhi dated 12.12.2018 for A. Y. 2012 – 13.
The revenue has raised only one ground as per which the grievance of the revenue is about deletion of the addition made by the AO of Rs. 150,30,121/- u/s 14A.
In course of hearing, learned DR of the revenue supported the assessment order and learned AR of the assesssee supported the order of CIT (A). He pointed out that on page 13 of his order, it is observed by CIT (A) that it is not disputed that the assessee did not earn any exempt income and he followed the judgment of Hon’ble Delhi High Court rendered in the case of M/s Chemifinvest Ltd. Vs. CIT as reported in 317 ITR 86. He also submitted the tax effect in this appeal of revenue is below Rs. 50 lacs and therefore, because of low tax effect also, this appeal of the revenue is not maintainable. (B)/2019 Page 2 of 2 4. We have considered rival submissions. Respectfully following the judgment of Hon’ble Delhi High Court rendered in the case of M/s Chemifinvest Ltd. Vs. CIT (Supra), we decline to interfere in the order of CIT (A).
In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on the date mentioned on the caption page.