THE PR COMMISSIONER OF INCOME TAX-4, NEW DELHI vs. HCL COMNET SYSTEM AND SERVICE LTD.
What did the High Court hold?
The High Court acknowledged that one of the grounds of appeal concerning the capitalization of license fees would be decided in favor of the Revenue. The court granted time for the Revenue to make submissions on the Section 14A issues.
What were the facts?
The Revenue appealed the ITAT's order deleting additions made under Section 14A and for capitalization of license fees. The High Court noted that one of the proposed questions of law (Question C) would be answered in favor of the Revenue based on a Supreme Court judgment.
What were the issues?
Whether the ITAT erred in deleting additions made under Section 14A and in capitalizing license fees. The court also considered the applicability of CBDT Circular No. 5/2014 regarding Section 14A disallowances.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Commissioner of Income Tax, Delhi v. Bharti Hexacom Ltd.3 citing2023 SCC OnLine SC 1340 · 2023
$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 208/2024
THE PR COMMISSIONER OF INCOME TAX-4, NEW
DELHI
..... Appellant Through: Mr. Shlok Chandra, SSC along with Ms. Priya Sarkar and Ms. Madhavi Shukla, JSCs.
versus
HCL COMNET SYSTEM AND SERVICE LTD. ..... Respondent
Through: Mr. Aditya Vohra, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
04.04.2024 O R D E R
CM APPL 20015/2024 (delay in filing) & CM APPL 20016/2024 (Delay in refilling) Bearing in the mind the disclosures made, the delay of 06 days in filing the appeal and the delay of 96 days in re-filing the appeal is condoned. The applications shall stand disposed of. 1. The Principal Commissioner of Income Tax impugns the order of the Income Tax Appellate Tribunal [‘ITAT’] dated 07 June 2023 and proposes the following questions of law for our consideration:- ITA 208/2024 “A. Whether on the facts and circumstances of the case and in law, the Ld. ITAT erred in deleting the addition of Rs.1,38,87,135/- u/s 14A of the Act? B. Whether on the facts and circumstances of the case and in law, the Ld. ITAT erred in overlooking the CBDT Circular No. 512014 dated 11.02.2014 and introduction in the Explanation of the Finance Act This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:31:54
2022 holding that the disallowance u/s 14A which clarifies that disallowance u/s 14A is to be made even when the assessee has not earned any exempt income during the year? C. Whether on the facts and circumstances of the case and in law, the Ld. ITAT erred in deleting the additions made by the AO on capitalisation of license fee of Rs. 2,26,50,074/-?”
Mr. Chandra, learned counsel representing the appellant states that insofar as proposed Question C is concerned, that would stand answered in favour of the Revenue in light of the judgment of the Supreme Court in CIT vs Bharti Hexacom Ltd. [2023 SCC OnLine SC 1340]. 3. Insofar as questions pertaining to Section 14A of the Income Tax Act, 1961 are concerned, Mr. Chandra prays for some time to address submissions. 4. Consequently, let the appeal be re-notified for 19.07.2024.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J. APRIL 04, 2024RW This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:31:54
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
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