ACIT, NEW DELHI vs. M/S IL & FS ENERGY DEVELOPMENT CO. LTD.,, NEW DELHI

The appeal filed by Revenue is against order of CIT(A)- 12, New Delhi dated 28.10.2016 relating to assessment year 2012-13 against the order passed under section 143(3) of the Income Tax Act, 1961 (in short “Act”).

Despite service of notice, none appeared on behalf of the assessee nor any application was filed seeking adjournment.

However, on perusal of the record, we find that only issue raised in this appeal is against the disallowance made u/s 14A of the Act by the Assessing Officer at approx.Rs.11.02 crores, which was reversed by the CIT(A) on the ground that the assessee during the year under consideration had not earned any dividend income. The CIT(A) relied on the ratio laid down by the Hon’ble Delhi High Court in Cheminvest Ltd. vs CIT, 378 ITR 33 (Delhi). The Revenue is in appeal against the order of CIT(A).

We find that the issue raised in the present appeal stands squarely covered by the decision of the Hon’ble Delhi High Court in Cheminvest Ltd. vs CIT (supra) wherein it has been laid down that where the assessee has made strategic investment in which it had not earned any exempted income and genuineness of expenditure was not in doubt, no disallowance u/s 14A read with Rule 8D could be made. The relevant findings of the Delhi High Court are as under:-

The CIT(A) has relied on the decision of Hon’ble High Court in para 9.5 in view of the issue being decided by the Jurisdictional High Court. We find no merit in the present appeal filed by the Revenue.

In the result, appeal of Revenue is dismissed.