Cheminvest Ltd. v. CIT

DCIT, CIRCLE- 7(1), NEW DELHI vs. DABUR INDIA LTD., NEW DELHI

In the result, all these appeals are allowed for statistical purposes

…nder: “133. After hearing both the sides, we find, the assessee has not received any exempt income during the impugned assessment year and, therefore, following the decisions of the Hon'ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT reported in, 272 CTR 232, no disallowance u/s 14A can be made. Therefore, in absence of any exempt income earned by the assessee for the 32 ITA No.7154 /Del./2017 ITA No.7253/Del./2017 ITA No.7431 /Del./2017 ITA No.183/Del./2018 impugned assessment year no disallowance u/s 14A could have been made. The ground raised by the Revenue is, therefore the dismissed. This issue…

DCIT, CIRCLE-7(1), NEW DELHI vs. DABUR INDIA LTD., NEW DELHI

In the result, all these appeals are allowed for statistical purposes

…nder: “133. After hearing both the sides, we find, the assessee has not received any exempt income during the impugned assessment year and, therefore, following the decisions of the Hon'ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT reported in, 272 CTR 232, no disallowance u/s 14A can be made. Therefore, in absence of any exempt income earned by the assessee for the 32 ITA No.7154 /Del./2017 ITA No.7253/Del./2017 ITA No.7431 /Del./2017 ITA No.183/Del./2018 impugned assessment year no disallowance u/s 14A could have been made. The ground raised by the Revenue is, therefore the dismissed. This issue…

DABUR INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE-7(1), NEW DELHI

In the result, all these appeals are allowed for statistical purposes

…nder: “133. After hearing both the sides, we find, the assessee has not received any exempt income during the impugned assessment year and, therefore, following the decisions of the Hon'ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT reported in, 272 CTR 232, no disallowance u/s 14A can be made. Therefore, in absence of any exempt income earned by the assessee for the 32 ITA No.7154 /Del./2017 ITA No.7253/Del./2017 ITA No.7431 /Del./2017 ITA No.183/Del./2018 impugned assessment year no disallowance u/s 14A could have been made. The ground raised by the Revenue is, therefore the dismissed. This issue…

DABUR INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE- 7(1), NEW DELHI

In the result, all these appeals are allowed for statistical purposes

…nder: “133. After hearing both the sides, we find, the assessee has not received any exempt income during the impugned assessment year and, therefore, following the decisions of the Hon'ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT reported in, 272 CTR 232, no disallowance u/s 14A can be made. Therefore, in absence of any exempt income earned by the assessee for the 32 ITA No.7154 /Del./2017 ITA No.7253/Del./2017 ITA No.7431 /Del./2017 ITA No.183/Del./2018 impugned assessment year no disallowance u/s 14A could have been made. The ground raised by the Revenue is, therefore the dismissed. This issue…

DCIT, NEW DELHI vs. M/S. DABUR INDIA LTD., NEW DELHI

The appeal of the assessee is partly allowed for statistical purposes and appeal of the revenue is dismissed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamblei.T.A. No. 3423/Del/2015 (A.Y 2009-10) (Through Video Conferencing) M/S Dabur India Ltd. Vs Addl. Commissioner Of Income 8/3, Asaf Ali Road, Tax, New Delhi Range-10 (Appellant) New Delhi (Respondent)

…under: “133. After hearing both the sides, we find, the assessee has not received any exempt income during the impugned assessment year and, therefore, following the decisions of the Hon’ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT reported in 272 CTR 232, no disallowance u/s 14A can be made. Therefore, in absence of any exempt income earned by the assessee for the impugned assessment year no disallowance u/s I4A could have been made. The ground raised by the Revenue is, therefore the dismissed.” This issue is also covered in favour of the assessee by various decisions of the Hon’ble Delhi High C…

DABUR INDIA LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

The appeal of the assessee is partly allowed for statistical purposes and appeal of the revenue is dismissed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamblei.T.A. No. 3423/Del/2015 (A.Y 2009-10) (Through Video Conferencing) M/S Dabur India Ltd. Vs Addl. Commissioner Of Income 8/3, Asaf Ali Road, Tax, New Delhi Range-10 (Appellant) New Delhi (Respondent)

…under: “133. After hearing both the sides, we find, the assessee has not received any exempt income during the impugned assessment year and, therefore, following the decisions of the Hon’ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT reported in 272 CTR 232, no disallowance u/s 14A can be made. Therefore, in absence of any exempt income earned by the assessee for the impugned assessment year no disallowance u/s I4A could have been made. The ground raised by the Revenue is, therefore the dismissed.” This issue is also covered in favour of the assessee by various decisions of the Hon’ble Delhi High C…

DCIT, NEW DELHI vs. M/S. SHOURYA TOWERS PVT. LTD., DELHI

In the result appeal of the revenue is dismissed and appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Joginder Singh & Shri Prashant Maharishinitishree Infrastructure Ltd, Vs. Dcit, (Presently Known As Shourya Central Circle-21, Towers Pvt. Ltd), New Delhi C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi Pan: Aahcs9332F (Appellant) (Respondent) Dcit, Vs. Nitishree Infrastructure Ltd, Central Circle-21, (Presently Known As New Delhi Shourya Towers Pvt. Ltd), C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi Pan: Aahcs9332F (Appellant) (Respondent)

…ch is chargeable to tax. The other miscellaneous income of Rs. 18833/- is not exempt. He therefore, submitted that in absence of any exempt income no disallowance can be made. He relied on the decision of the Hon'ble Delhi High Court in Cheminvest Ltd Vs. CIT 322 ITR 33. 14. The ld DR relied upon the order of the ld AO. 15. We have carefully considered the rival contentions and also found substantial force in the argument of the ld AR that if there is no exempt income earned by the assessee then no disallowance can be made u/s 14A of the Act. The decision of the Hon'ble Delhi High Court also supports the view of…

M/S. NITISHREE INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal of the revenue is dismissed and appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Joginder Singh & Shri Prashant Maharishinitishree Infrastructure Ltd, Vs. Dcit, (Presently Known As Shourya Central Circle-21, Towers Pvt. Ltd), New Delhi C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi Pan: Aahcs9332F (Appellant) (Respondent) Dcit, Vs. Nitishree Infrastructure Ltd, Central Circle-21, (Presently Known As New Delhi Shourya Towers Pvt. Ltd), C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi Pan: Aahcs9332F (Appellant) (Respondent)

…ch is chargeable to tax. The other miscellaneous income of Rs. 18833/- is not exempt. He therefore, submitted that in absence of any exempt income no disallowance can be made. He relied on the decision of the Hon'ble Delhi High Court in Cheminvest Ltd Vs. CIT 322 ITR 33. 14. The ld DR relied upon the order of the ld AO. 15. We have carefully considered the rival contentions and also found substantial force in the argument of the ld AR that if there is no exempt income earned by the assessee then no disallowance can be made u/s 14A of the Act. The decision of the Hon'ble Delhi High Court also supports the view of…

TANEJA DEVELOPERS AND INFRASTRUCTURE (PANIPAT) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal of the revenue is dismissed and appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Joginder Singh & Shri Prashant Maharishinitishree Infrastructure Ltd, Vs. Dcit, (Presently Known As Shourya Central Circle-21, Towers Pvt. Ltd), New Delhi C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi Pan: Aahcs9332F (Appellant) (Respondent) Dcit, Vs. Nitishree Infrastructure Ltd, Central Circle-21, (Presently Known As New Delhi Shourya Towers Pvt. Ltd), C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi Pan: Aahcs9332F (Appellant) (Respondent)

…ch is chargeable to tax. The other miscellaneous income of Rs. 18833/- is not exempt. He therefore, submitted that in absence of any exempt income no disallowance can be made. He relied on the decision of the Hon'ble Delhi High Court in Cheminvest Ltd Vs. CIT 322 ITR 33. 14. The ld DR relied upon the order of the ld AO. 15. We have carefully considered the rival contentions and also found substantial force in the argument of the ld AR that if there is no exempt income earned by the assessee then no disallowance can be made u/s 14A of the Act. The decision of the Hon'ble Delhi High Court also supports the view of…