JOINT COMMISSIONER OF INCOME TAX (OSD) CENTRAL CIRCLE-1(3), BANGALORE vs. M/S VIKAS TELECOM LIMITED, BANGALORE

PDF · subscribers
ITA 771/BANG/2019Status: DisposedITAT Bangalore29 January 2020AY 2012-132 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 declined to interfere with the CIT(A)'s order, respectfully following the Delhi High Court judgment in the case of M/s Chemifinvest Ltd. vs. CIT. The Tribunal found no reason to disturb the deletion of the addition.

What were the facts?

The revenue appealed against the deletion of an addition made by the AO under Section 14A. The assessee argued that no exempt income was earned and relied on a Delhi High Court judgment. The tax effect was also below the threshold for appeal.

What were the issues?

Whether the deletion of addition under Section 14A by the CIT(A) was justified, especially when the assessee did not earn any exempt income.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI ARUN KUMAR GARODIA, AM & SHRI PAVAN KUMAR GADALE, JM

For Appellant: MS Anushree, C. A
For Respondent: Shri Sunil Kumar Agarwal, Addl. CIT DR
Hearing: 28.11.2019Pronounced: 29.01.2020

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.

2.

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.

3.

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).

5.

In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on the date mentioned on the caption page.

More judgments on Section 14A

All 15,875 judgments and leading authorities on Section 14A →

Recent GST High Court judgments

Search GST case law →