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Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy]
Income Tax Officer Ward-8(2), Kolkata.…...……….……………….…………….…….……...Appellant P-7, Chowringhee Square 5th Floor Kolkata – 700 069 M/s. Dunlop Rubbers Ltd………………………………….……………..……………………..…. Respondent Kings Court Flat No. 14 & 18 46B, Chowringhee Road Kolkata – 700 071 [PAN : AACCD 7222 Q] Appearances by: Shri Manoj Kataruka , Advocate, appeared on behalf of the assessee. Shri Pijush Mukherjee, Addl. CIT, DR appearing on behalf of the Revenue. Date of concluding the hearing : January 17th, 2018 Date of pronouncing the order : January 19th , 2018
O R D E R Per J. Sudhakar Reddy :-
This appeal filed by the revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals)-12, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 08/05/2017, for the Assessment Year 2012-13.
After hearing rival contentions, I find that the ld. First Appellate Authority has followed the judgement of the Hon’ble Delhi High Court in the case of M/s. Cheminvest Ltd. Vs. Commissioner of Income Tax, order dt. 02/09/2015, wherein it is held that if no exempt income is received or receivable during the impugned assessment year, no disallowance can be made u/s 14A of the Act. The ld. CIT(A)’s order in also in line with the judgement of the Hon’ble Delhi High Court in the case of Pr. Commissioner of Income Tax vs. IL & FS Energy
Assessment Year: 2012-13 M/s. Dunlop Rubbers Ltd Development Company Ltd. (2017) 297 ITR 0452. Hence, I find no infirmity in this order of the ld. CIT(A) and uphold the same.
In the result, this appeal of the revenue is dismissed. Kolkata, the 19th day of January, 2018.