D COMMISSIONER OF INCOME TAX vs. MS JITE SHIPYARD LTD
What did the High Court hold?
The High Court noted that the issue was covered by previous judgments, including one where the Supreme Court dismissed the Revenue's SLP on merits and delay. Therefore, no substantial question of law arose.
What were the facts?
The Revenue appealed against an ITAT order for AY 2015-16. The core issue was whether a Section 14A disallowance could exceed the exempt income earned by the assessee.
What were the issues?
Whether the disallowance made under Section 14A of the Income-tax Act can exceed the exempt income earned by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide 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.
- Cheminvest Ltd. v. CIT1,569 citing61 Taxmann.com 118 · 2015 · HC · Read judgment
- CIT v. Chettinad Logistics (P) Ltd.444 citing80 Taxmann.com 221 · 2017 · HC · Read judgment
- CIT v. Chettinad Logistics (P.) Ltd.421 citing95 Taxmann.com 250 · 2018 · SC
ITA 757/2023
Page 1 of 2
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI %
Date of decision: 13.12.2023
+ ITA 757/2023, CM APPL. 64453/2023 & 64454/2023
D COMMISSIONER OF INCOME TAX
..... Appellant
Through: Ms Anuja Pethia, Standing Counsel.
versus
MS JITE SHIPYARD LTD
..... Respondent
Through: None.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE GIRISH KATHPALIA
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
This appeal concerns Assessment Year (AY) 2015-16. 2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 27.03.2023 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”]. 3. It is not in dispute that the only issue that arises for consideration in the instant appeal is: Whether disallowance made under Section 14A of the Income-tax Act, 1961 [in short, “the Act”] can exceed the exempt income earned by the respondent/assessee? 4. There is no dispute that the issue raised, hereinabove, is covered by the following judgments: (i) Cheminvest Limited v. Commissioner of Income Tax-VI, (2015) 61 taxmann.com 118. Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:19.12.2023 15:14:59 Signature Not Verified
ITA 757/2023
Page 2 of 2
(ii) Commissioner of Income-tax, Central 1, Chennai v. Chettinad Logistics (P.) Ltd., (2017) 80 taxmann.com 221 (Madras). 5. To be noted, one of us [Rajiv Shakdher, J.], was part of the bench that authored the judgment in Commissioner of Income-tax, Central 1, Chennai v. Chettinad Logistics (P.) Ltd.. A special leave petition (SLP) filed by the appellant/revenue, against the said judgment, was dismissed by the Supreme Court on 02.07.2018 [reported in (2018) 95 taxmann.com 250 (SC)], both on the grounds of delay and merits. 6. The order of the Supreme Court in the said matter reads as follows: “1. The Special Leave petition is dismissed on the ground of delay as well as on merits.” 7. In these circumstances, no substantial question of law arises for our consideration. The appeal is, accordingly, closed. 8. Consequently, the pending applications are rendered infructuous and are, accordingly, closed.
RAJIV SHAKDHER, J
GIRISH KATHPALIA, J
DECEMBER 13, 2023 / tr
Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:19.12.2023 15:14:59 Signature Not Verified
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
Recent GST High Court judgments
Search GST case law →- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026