ITO, New Delhi vs. M/S. Incredible Capital Ltd., New Delhi
In the result, the appeal filed by the Revenue is dismissed
ITA 3315/DEL/2016[2013-14]Status: DisposedITAT Delhi24 Sept 2019AY 2013-14
Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2013-14 Ito, Vs Incredible Capital Ltd., Ward-12(2), 8/19, Ground Floor, New Delhi,. Smile Chamber, Wea, Karol Bagh, New Delhi. Pan: Aabci4307C (Appellant) (Respondent) Assessee By : Shri Lalit Mohan, Ca Revenue By : Dr. Vijay Kumar Chadha, Sr. Dr Date Of Hearing : 12.09.2019 Date Of Pronouncement : 24.09.2019 Order Per R.K. Panda, Am: The Appeal Filed By The Revenue Is Directed Against The Order Dated 25Th April, 2016 Of The Cit(A)-4, New Delhi Relating To Assessment Year 2013-14. 2. Deletion Of Addition Of Rs.4,26,82,986/- Made By The U/S 14A Is The Only Issue Raised By The Revenue In The Grounds Of Appeal. [[[[ 3. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Providing Financial Services & Other Allied Activities. It Filed Its Return Of Income On 18Th March, 2014, Declaring Total Income Of Rs.54,21,430/-. During The Assessment Proceedings, The Assessing Officer Noted That The Assessee Company Has Paid Interest Amounting To Rs.4,26,82,986/- Which Included Interest
For Appellant: Shri Lalit Mohan, CAFor Respondent: Dr. Vijay Kumar Chadha, Sr. DR
Section 14A
…ade disallowance of Rs.4,26,82,986/- under the provisions of section 14A of the IT Act. 4. In appeal, the ld.CIT(A), relying on the decisions of the Hon'ble Delhi High Court in the case of CIT vs. Holcim India (P) Ltd., in the case of Cheminvest Ltd. vs. CIT 61 Taxmann.com 118 and various other decisions, deleted the addition on the ground that the assessee has not received any exempt income during the year. Further, he also held that the Assessing Officer has not ascertained the correctness of the claim of the assessee in respect of the expenditure incurred or not incurred in 2 relation to the income which does…