JCIT, (OSD), CIR-2(1), KOLKATA, KOLKATA vs. M/S INFINITY INFOTECH PARKS LTD., KOLKATA

1. This appeal preferred by the revenue against the order of Ld. CIT(A)-1, Kolkata dated 10.03.2016 for AY 2012-13.

At the outset, we notice the only issue that has been raised by the revenue as against the action of the Ld. CIT(A) in deleting the disallowance of Rs.75,24,948/- by invoking Rule 8D of the Income-tax Rules, 1962. We note that the similar disallowance was made by the AO for AY 2009-10 which has been deleted by the Ld. CIT(A) by order dated 13.06.2012. Against the said action of Ld. CIT(A), the department preferred an appeal before this Tribunal, which was listed on the same day (13.02.2018) before “C” Bench, wherein the author of this order heard the matter with another member and vide order dated 14.05.2018 itself has confirmed the action of the Ld. CIT(A) and dismissed this ground of Revenue. Similar facts and law permeates in this assessment year also. We note that the assessee did not earn any exempt income during the AY 2012-13, therefore, on the same reasoning given for AY 2009-10, we hold the Ld. CIT(A) was justified in deleting the disallowance as made by the AO in the assessment order by invoking Rule 8D of the I. T. Rules. Appeal of revenue is dismissed.

In the result, the appeal of revenue is dismissed.