PR. COMMISSIONER OF INCOME TAX-2 vs. CHL,LIMITED
What did the High Court hold?
The High Court upheld the ITAT's decisions on all four issues, finding them covered by previous Supreme Court and High Court judgments. The court was not inclined to frame any substantial questions of law.
What were the facts?
The Revenue appealed against the ITAT's common order concerning disallowance under Section 14A, commission paid to directors, training expenses, and interest on borrowed funds. The High Court considered four issues raised by the Revenue.
What were the issues?
The primary issues involved the disallowance of expenditure under Section 14A, the allowability of commission paid to directors, the treatment of training expenses, and the treatment of interest on borrowed funds routed as interest-free loans.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)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.
- Godrej & Boyce Manufacturing Company Ltd. v. DCIT683 citing394 ITR 449 · 2017 · SC · Read judgment
- CIT v. Samsung India Electronics Ltd.31 citing356 ITR 354 · 2013 · HC · Read judgment
- CIT v. Monnet Industries Ltd.22 citing332 ITR 627 · 2011 · HC
- (i) CIT v. Gabriel India Limited 203 ITR 108(Bom.) (ii) Jewels of India v. ACIT8 citing369 ITR 1 · 2014 · HC
* IN THE HIGH COURT OF DELHI AT NEW DELHI 32&39 + ITA No. 638/2017 PR.COMMISSIONER OF INCOME TAX-2 Appellant Through: Mr. Zoheb Hossain, Senior Standing Counsel versus CHL LIMITED Through: None Respondent + ITA No. 693/2017 PR. COMMISSIONER OF INCOME TAX-2 Appellant Through: Mr Zoheb Hossain, Senior Standing Counsel versus CHL LIMITED Through: None CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER 21.08.2017 Respondent 1. These appeals are directed by the Revenue against the common order dated 17'*' February 2017 passed by the Income Tax Appellate Tribunal ITA Nos. 638/2017 & 693/2017 Page 1 of3 Digitally Signed By:AMULYA Signature Not Verified
O/ ('ITAT') in ITA Nos. 4967/Del./2010 and 2801/Del./2010 for the Assessment Years ('AYs') 2006-07 and 2008-09 respectively. 2. Four issues have been urged by the Revenue in both these appeals. The first one concerns the disallowance under Section 14A of the Income Tax Act, 1961 ('Act') read with Rule 8D of the Income Tax Rules, 1962 ('Rules') regarding expenditure incurred for earning exempted income. It is not disputed that the said issue concerning the failure of the Assessing Officer ( AO') to record a satisfaction notestands answered in favour of the Assessee and against the Revenue by ofthe decision ofthe Supreme Court in GodreJ &Boyce Mfg. Co Ltd v. DCIT[2017]394ITR 449 (SC). 3. On the second issue concerning the commission paid to the directors and shareholders of the company, it was found that, as a matter of fact, the directors in question were whole-time directors. In answering the said issue in favour of the Assessee, the ITAT relied on its own earlier decision dated 2f^ January 2011 in the case of CIT v. Bony Polymers Pvt Ltd., which has been confirmed by this Court vide order dated 18*^ January 2012 passed in CIT V. Bony Polymers Pvt Ltd (ITA No. 995/2011). Consequently, the Court is not inclined to frame any question on this issue. 4. The third issue concerns the expenses incurred on training which, according to the AO, should be amortized over 4to 5years and be treated as capital expenditure. The learned ITAT reversed the said finding by holding that the said issue stands covered by the decisions ofthis Court in CIT v. Samsung India Electronics Ltd [2013] 356ITR 354 (Del) and Omniglobe Information Tech India Pvt. Ltd v. CIT [2014] 369 ITR 1 (Del). ITA Nos. 638/2017&693/2017 ^o/j
Consequently, on this issue as well, the Court is not inclined to frame any question. 5. The fourth issue concerns the interest on borrowed funds which was routed as interest free loans to the sister concerns. The ITAT has, in the impugned order, placed reliance on the decision of this Court in CIT v. Monnet Industries Ltd. [2011] 332ITR 627 (Del). The Court is not inclined to take a different view in the matter. Consequently, no substantial question of law arises on this issue as well. 6. The appeals are accordingly dismissed but, in the circumstances, with no orders as to costs. LIDHAR, J. PRATHIBA M. SINGH, J. AUGUST 21, 2017 rd ITA Nos. 638/2017 & 693/2017
More judgments on Section 14A
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- 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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