414 ITR 122 (Del) (iii) PCIT v. Mcdonald India P Ltd.

101 Taxmann.com 86High Court2019#2491 most cited

What is 414 ITR 122 (Del) (iii) PCIT v. Mcdonald India P Ltd. authority for?

Disallowance under Section 14A cannot be made if the assessee has not received any exempt income during the relevant assessment year. The mere possibility of earning exempt income does not trigger disallowance.

46

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2026.

Also referred to as

PCIT v. Mcdonald India P Ltd. · section 14A · disallowance · exempt income not received · no exempt income · Delhi High Court · 101 Taxmann.com 86 · section 14a(3)

Also reported as

261 Taxmann 233

Sections most often in play

Section 14ASection 144ASection 4Section 5Section 1961Section 2022Section 35(1)(i)Section 35(2AB)

Issues it is cited on

section 14a(3)section 36(i)(iii)section 36(i)(va)section 36(l)(va)section 36(l)(iii)section 36(l)r&d expenditurestatutory duessection 270a(9)mat creditstrategic investmentsection 144a

Judgments citing 414 ITR 122 (Del) (iii) PCIT v. Mcdonald India P Ltd.

Patel Engineering Ltd( Successor of Patel Realty India Limited), Mumbai vs. DCIT CC 3(4), Mumbai

The appeal of the assessee is allowed for statistical purposes in terms of our aforesaid observations

ITA 1687/MUM/2018[2012-13]Status: DisposedITAT Mumbai03 Apr 2019AY 2012-13

Bench: Shri Ravish Sood & Shri N.K. Pradhanita Nos.1687 & 1688/Mum/2018 (Assessment Years: 2012 -13 & 2013 -14) Patel Engineering Ltd. Dcit, Cc-3(4) (Successor Of Patel Realty India Room No. 1915 Ltd.), Patel Estate Road, Vs. 19Th Floor Air India Buildig, Jogeshwari (West), Nariman Point, Mumbai - 400102 Mumbai – 400021. Pan – Aaecp2373A (Appellant) (Respondent)

For Appellant: Shri Mayur Kisnadwala, A.RFor Respondent: Shri Abi Rama Kartikiyan, D.R
Section 143(2)Section 143(3)Section 14ASection 234B

…P a g e | 1 ITA No. 1687 & 1688/Mum/2018 AYs. 2012-13 & 2013-14 Patel Engineering Ltd. Vs. DCIT, CC -3(4) IN THE INCOME TAX APPELLATE TRIBUNAL “C” Bench, Mumbai Before Shri Ravish Sood, Judicial Member and Shri N.K. Pradhan, Accountant Member ITA Nos.1687 & 1688/Mum/2018 (Assessment Years: 2012 -13 & 2013 -14) Patel Engineering Ltd. DCIT, CC-3(4) (Successor of Patel Realty India Room No. 1915 Ltd.), Patel Estate Road, Vs. 19th Floor Air India Buildig, Jogeshwari (West), Nariman Point, Mumbai - 400102 Mumbai – 400021. PAN – AAECP2373A (Appellant) (Respondent) Appellant by: Shri Mayur Kisnadwala, A.R Respondent…

Amadeus India Pvt. Ltd., New Delhi vs. ACIT, Circle- 2(2), New Delhi

In the result, ITA NO. 7691/Del/2017 stands allowed

ITA 7691/DEL/2017[2013-14]Status: DisposedITAT Delhi27 Feb 2019AY 2013-14

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

For Appellant: Sh. Tarundeep Singh & Tarun Singh, AdvFor Respondent: Shri Sanjay I.Bara, CIT-DR & Sh. Sandeep Kr
Section 144CSection 92BSection 92F

…ing upon this, it was submitted by the Ld. AR that in absence of exempt income, disallowance u/s 14A cannot be made. In support, he relied on the decision of the Hon’ble Jurisdictional High Court in the case of McDonald’s India Pvt. Ltd. reported in (2019) 101 Taxmann.com 86 (Del). 15.10 On the other hand, the Ld. DR invited our attention towards opinion express by the CBDT in Circular dated 11th February, 2014. 15.11 We have carefully considered the rival submissions. The claim made by the assessee/appellant had been rejected by the Ld. DRP by observing as under:- “1. The assessee has challenged the disa…

Amadeus India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, ITA NO. 7691/Del/2017 stands allowed

ITA 1811/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Feb 2019AY 2012-13

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

For Appellant: Sh. Tarundeep Singh & Tarun Singh, AdvFor Respondent: Shri Sanjay I.Bara, CIT-DR & Sh. Sandeep Kr
Section 144CSection 92BSection 92F

…ing upon this, it was submitted by the Ld. AR that in absence of exempt income, disallowance u/s 14A cannot be made. In support, he relied on the decision of the Hon’ble Jurisdictional High Court in the case of McDonald’s India Pvt. Ltd. reported in (2019) 101 Taxmann.com 86 (Del). 15.10 On the other hand, the Ld. DR invited our attention towards opinion express by the CBDT in Circular dated 11th February, 2014. 15.11 We have carefully considered the rival submissions. The claim made by the assessee/appellant had been rejected by the Ld. DRP by observing as under:- “1. The assessee has challenged the disa…

Amadeus India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, ITA NO. 7691/Del/2017 stands allowed

ITA 1662/DEL/2016[2011-12]Status: DisposedITAT Delhi27 Feb 2019AY 2011-12

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

For Appellant: Sh. Tarundeep Singh & Tarun Singh, AdvFor Respondent: Shri Sanjay I.Bara, CIT-DR & Sh. Sandeep Kr
Section 144CSection 92BSection 92F

…ing upon this, it was submitted by the Ld. AR that in absence of exempt income, disallowance u/s 14A cannot be made. In support, he relied on the decision of the Hon’ble Jurisdictional High Court in the case of McDonald’s India Pvt. Ltd. reported in (2019) 101 Taxmann.com 86 (Del). 15.10 On the other hand, the Ld. DR invited our attention towards opinion express by the CBDT in Circular dated 11th February, 2014. 15.11 We have carefully considered the rival submissions. The claim made by the assessee/appellant had been rejected by the Ld. DRP by observing as under:- “1. The assessee has challenged the disa…

DCIT, New Delhi vs. M/S Oxigen Services India Pvt. Ltd., New Delhi

In the result both the appeals of the revenue are dismissed

ITA 3766/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Feb 2019AY 2010-11

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

For Appellant: Smt NainaSoin Kapil, CIT DRFor Respondent: Sh SatyenSethi, Advocate
Section 14Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’ NEW DLEHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. No. 3765 and 3766/Del/2015 Assessment Year: 2008-09 and 2010-11 DCIT, Circle 19(1) vs M/s Oxigen Services (P) Ltd. New Delhi Unit No 31, Tribhuvan Complex Ishwar Nagar, New Friends Colony, New Delhi PAN NO AABCI1405k (Appellant) (Respondent) Appellant by: Smt NainaSoin Kapil, CIT DR Respondent by: Sh SatyenSethi, Advocate, Date of hearing: 14.02.2019 Date of Pronouncement: 15.02.2019 ORDER PER K. NARASIMHA CHARY, JM Challenging the orders dated 9/3/2…

DCIT, New Delhi vs. M/S Oxigen Services India Pvt. Ltd., New Delhi

In the result both the appeals of the revenue are dismissed

ITA 3765/DEL/2015[2008-09]Status: DisposedITAT Delhi15 Feb 2019AY 2008-09

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

For Appellant: Smt NainaSoin Kapil, CIT DRFor Respondent: Sh SatyenSethi, Advocate
Section 14Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’ NEW DLEHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. No. 3765 and 3766/Del/2015 Assessment Year: 2008-09 and 2010-11 DCIT, Circle 19(1) vs M/s Oxigen Services (P) Ltd. New Delhi Unit No 31, Tribhuvan Complex Ishwar Nagar, New Friends Colony, New Delhi PAN NO AABCI1405k (Appellant) (Respondent) Appellant by: Smt NainaSoin Kapil, CIT DR Respondent by: Sh SatyenSethi, Advocate, Date of hearing: 14.02.2019 Date of Pronouncement: 15.02.2019 ORDER PER K. NARASIMHA CHARY, JM Challenging the orders dated 9/3/2…