DCIT, CHENNAI vs. RAYALA CORPORATION P LTD., CHENNAI

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ITA 1043/CHNY/2017Status: DisposedITAT Chennai27 July 2017AY 2013-143 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that income from property letting is business income, following the Apex Court's judgment in the assessee's own case. It also confirmed the CIT(A)'s direction to restrict Section 14A disallowance to the extent of exempted income.

What were the facts?

The Revenue appealed against the CIT(A)'s order concerning the assessment year 2013-14. The issues involved the classification of income from property letting and disallowance under Section 14A.

What were the issues?

The primary issues were the correct classification of rental income as business income and the extent of disallowance permissible under Section 14A.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

Hearing: 12.07.2017Pronounced: 27.07.2017

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-3, Chennai, dated 31.01.2017 and pertains to assessment year 2013-14.

2.

The first issue arises for consideration is classification of income said to be received by the assessee on letting out of property.

3.

We have heard Shri Asish Tripathy, the Ld. Departmental Representative and Sh. Saroj Kumar Parida, the Ld.counsel for the assessee. In the assessee's own case for assessment year 2012- 13, this Tribunal by placing reliance on the judgment of Apex Court, found that the income from letting out the property is business income. In fact, the judgment of Apex Court is in the case of assessee M/s Rayala Corporation Pvt. Ltd. v. ACIT in Civil Appeal No.6438 of 2016 dated 11.08.2016. By respectfully following the judgment of Apex Court in the assessee's own case, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

4.

The next issue arises for consideration is disallowance made by the Assessing Officer under Section 14A of the Income-tax Act, 1961 (in short 'the Act').

5.

We have heard the Ld. Departmental Representative and the Ld.counsel for the assessee. The CIT(Appeals) by following this Tribunal order in the assessee's own case, directed the Assessing Officer to restrict the disallowance under Section 14A of the Act to the extent of exempted income earned by the assessee. In fact, the Madras High Court has held an identical view. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

6.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced on 27th July, 2017 at Chennai.

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