CIT v. Corrtech Energy (P.) Ltd.

223 Taxmann 130High Court2014#106 most cited

What is CIT v. Corrtech Energy (P.) Ltd. authority for?

Disallowance under Section 14A read with Rule 8D is not warranted if the assessee has not earned any exempt income in the relevant assessment year.

579

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2014 to 2026.

Also referred to as

CIT v. Corrtech Energy (P.) Ltd. · 372 ITR 97 · Section 14A · Rule 8D · disallowance u/s 14A · no exempt income · exempt income not earned · expenses against exempt income · Gujarat High Court Section 14A · disallowance without exempt income

Also reported as

372 ITR 9745 Taxmann.com 116272 CTR 262

Sections most often in play

Section 14ASection 143(3)Section 1961Section 8DSection 115JBSection 143(2)Section 37(1)Section 250

Issues it is cited on

disallowance under section 14adisallowance u/s 14asection 14asection 36(1)(iii)section 115jbsection 36(1)section 37section 36section 10previous yearscrutiny assessmentassistant commissioner

Judgments citing CIT v. Corrtech Energy (P.) Ltd.

Corrtech International Pvt.Ltd., Ahmedabad vs. Dy. Commissioner of Income Tax, (OSD), Ahmedabad

ITA 821/AHD/2015[2008-09]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2008-09

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 14ASection 26(1)(iii)

…peal is allowed. 42. As regards Ground No. 3 relating to disallowance under Section 14A the same is allowed as no exempt income has been earned during the year. The reliance of the assessee’s own case by the decision of Hon’ble Gujarat High Court reported in 372 ITR 97 (Guj.) is relevant in this year. Ground No. 3 of assessee’s appeal is allowed. ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 43. As regards Ground No. 4 relating to disallowance of Rs. 51,10,672/- under Section 36(1)(iii), the same is identical to Ground N…

The DCIT(OSD) Range-1, Ahmedabad vs. M/S. Corrtech International Pvt.Ltd., Ahmedabad

ITA 1129/AHD/2015[2008-09]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2008-09

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 14ASection 26(1)(iii)

…peal is allowed. 42. As regards Ground No. 3 relating to disallowance under Section 14A the same is allowed as no exempt income has been earned during the year. The reliance of the assessee’s own case by the decision of Hon’ble Gujarat High Court reported in 372 ITR 97 (Guj.) is relevant in this year. Ground No. 3 of assessee’s appeal is allowed. ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 43. As regards Ground No. 4 relating to disallowance of Rs. 51,10,672/- under Section 36(1)(iii), the same is identical to Ground N…

Corrtech International Pvt.Ltd., Ahmedabad vs. The ACIT., (OSD) Range-1, Ahmedabad

ITA 2652/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2010-11

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 14ASection 26(1)(iii)

…peal is allowed. 42. As regards Ground No. 3 relating to disallowance under Section 14A the same is allowed as no exempt income has been earned during the year. The reliance of the assessee’s own case by the decision of Hon’ble Gujarat High Court reported in 372 ITR 97 (Guj.) is relevant in this year. Ground No. 3 of assessee’s appeal is allowed. ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 43. As regards Ground No. 4 relating to disallowance of Rs. 51,10,672/- under Section 36(1)(iii), the same is identical to Ground N…

The DCIT(OSD) Range-1, Ahmedabad vs. M/S. Corrtech International Pvt.Ltd., Ahmedabad

ITA 2578/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2010-11

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 14ASection 26(1)(iii)

…peal is allowed. 42. As regards Ground No. 3 relating to disallowance under Section 14A the same is allowed as no exempt income has been earned during the year. The reliance of the assessee’s own case by the decision of Hon’ble Gujarat High Court reported in 372 ITR 97 (Guj.) is relevant in this year. Ground No. 3 of assessee’s appeal is allowed. ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 43. As regards Ground No. 4 relating to disallowance of Rs. 51,10,672/- under Section 36(1)(iii), the same is identical to Ground N…

The DCIT(OSD)Range-1, Ahmedabad vs. Corrtech International Pvt.Ltd., Ahmedabad

ITA 1871/AHD/2012[2009-10]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2009-10

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 14ASection 26(1)(iii)

…peal is allowed. 42. As regards Ground No. 3 relating to disallowance under Section 14A the same is allowed as no exempt income has been earned during the year. The reliance of the assessee’s own case by the decision of Hon’ble Gujarat High Court reported in 372 ITR 97 (Guj.) is relevant in this year. Ground No. 3 of assessee’s appeal is allowed. ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 43. As regards Ground No. 4 relating to disallowance of Rs. 51,10,672/- under Section 36(1)(iii), the same is identical to Ground N…

Corrtech International Pvt.Ltd., Ahmedabad vs. The ACIT., (OSD)Range-1, Ahmedabad

ITA 1785/AHD/2012[2009-10]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2009-10

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 14ASection 26(1)(iii)

…peal is allowed. 42. As regards Ground No. 3 relating to disallowance under Section 14A the same is allowed as no exempt income has been earned during the year. The reliance of the assessee’s own case by the decision of Hon’ble Gujarat High Court reported in 372 ITR 97 (Guj.) is relevant in this year. Ground No. 3 of assessee’s appeal is allowed. ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 43. As regards Ground No. 4 relating to disallowance of Rs. 51,10,672/- under Section 36(1)(iii), the same is identical to Ground N…

Wrinkle Vyapaar Pvt. Ltd, Kolkata vs. DCIT, Cir. 1(2), Kolkata

In the result, appeals of the assessee are allowed

ITA 350/KOL/2021[2016-17]Status: DisposedITAT Kolkata28 Sept 2022AY 2016-17

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 284/Kol/2021 Assessment Year: 2015-16 Wrinkle Vyapaar Pvt. Ltd. Cit(A), Nfac (Delhi) Vs 40, Strand Road Model House Ground Floor Room No. 102 Kolkata - 700001 Pan : Aaacw5921F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

For Appellant: Shri Anil Kochar, AdvocateFor Respondent: Shri Partha Pratim Barman, Addl. CIT
Section 14A

…set submitted that in these two orders, there is no exempt income to the assessee hence there should not be any disallowance u/s 14A r.w.r. 8D. He relied upon the judgment of the Hon’ble Gujarat High Court in the case of CIT vs. Corrteck Engineering Pvt. Ltd. 372 ITR 97. During the course of hearing, the amendment to Section 14A of the Act by way of Finance Act, 2022, has been brought to our notice by the Revenue but the ld. Counsel for the assessee put reliance upon the decision of the Hon’ble Delhi High Court in the case of Pr. CIT vs. Era Infrastructure (India) Ltd. in ITA 204/2022 dt. 20/07/2022. In this judg…

Wrinkle Vyapaar Pvt Ltd, Kolkata vs. ITO, Ward-1(3), Kolkata

In the result, appeals of the assessee are allowed

ITA 284/KOL/2021[2015-116]Status: DisposedITAT Kolkata28 Sept 2022AY 2015-116

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 284/Kol/2021 Assessment Year: 2015-16 Wrinkle Vyapaar Pvt. Ltd. Cit(A), Nfac (Delhi) Vs 40, Strand Road Model House Ground Floor Room No. 102 Kolkata - 700001 Pan : Aaacw5921F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

For Appellant: Shri Anil Kochar, AdvocateFor Respondent: Shri Partha Pratim Barman, Addl. CIT
Section 14A

…set submitted that in these two orders, there is no exempt income to the assessee hence there should not be any disallowance u/s 14A r.w.r. 8D. He relied upon the judgment of the Hon’ble Gujarat High Court in the case of CIT vs. Corrteck Engineering Pvt. Ltd. 372 ITR 97. During the course of hearing, the amendment to Section 14A of the Act by way of Finance Act, 2022, has been brought to our notice by the Revenue but the ld. Counsel for the assessee put reliance upon the decision of the Hon’ble Delhi High Court in the case of Pr. CIT vs. Era Infrastructure (India) Ltd. in ITA 204/2022 dt. 20/07/2022. In this judg…

The ITO, Ward-3(1)(4), Ahmedabad vs. M/S. Purvanil Trade & Com. P. Ltd., Ahmedabad

In the result, appeal of the Revenue is partly allowed

ITA 719/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad21 Sept 2022AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2012-13

For Appellant: Shri Vijay Kumar Jaiswal, CIT DRFor Respondent: Shri S.N. Divatia, AR
Section 133(6)Section 14ASection 68Section 69Section 69o

…no different view could be taken. As regards disallowance under Section 14A of the Act, the Ld. AR submitted that the CIT(A) has followed the legal position in respect of the decision of the Hon’ble Gujarat High Court in the case of Corrtech Energy Pvt. Ltd., 372 ITR 97 wherein it is held that in absence of any exempt income there could not be any disallowance under Section 14A of the Act. 9. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the CIT(A) while deleting the addition has observed that the Assessing Officer has accepted the fact tha…

M/S. Harman Connected Services Corporation India Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 3(1)(2), Bengaluru

In the result, the appeal is partly allowed

ITA 2243/BANG/2019[2015-16]Status: DisposedITAT Bangalore16 Sept 2022AY 2015-16

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri. Biju, M.K., CIT(DR)(ITAT), Bengaluru
Section 115JSection 143(2)Section 143(3)Section 14ASection 80GSection 92C

…nd CIT vs. Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I v. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is Of the Allahabad High Court in Income IT(TP)A No.2243/Bang/2019 Page 18 of 24 Tax Appeal No. 88 of 2014, Commissioner of Income Tax II Kanpur, v. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014. In the said decision it has been held:- "As regards the second question, Section 14A of the Act provides that for t…

DCIT, Circle- 21(1), New Delhi vs. Religare Enterprises Ltd., New Delhi

In the result, revenue’s appeal is dismissed and cross-objection

ITA 7552/DEL/2018[2014-15]Status: HeardITAT Delhi29 Aug 2022AY 2014-15

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia:Assessment Year: 2014-15 Deputy Commissioner Of Vs. M/S. Religare Enterprises Income-Tax, Circle-21(1), Ltd., 2Nd Floor, Rajlok New Delhi Building, 24-Nehru Place, New Delhi-110019 Pan :Aaacv5888N (Appellant) (Respondent)

Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA: ACCOUNTANT MEMBER Assessment Year: 2014-15 Deputy Commissioner of Vs. M/s. Religare Enterprises Income-tax, Circle-21(1), Ltd., 2nd Floor, Rajlok New Delhi Building, 24-Nehru Place, New Delhi-110019 PAN :AAACV5888N (Appellant) (Respondent) Cross-Objection No.27/Del./2022 ( In ITA No.7552/Del/2018 ) Assessment Year: 2014-15 M/s. Religare Enterprises Vs. Deputy Commissioner of Ltd., 2nd Floor, Rajlok Income-tax, Circle-21(1), Building, 24-Nehru Place, New Delhi New Delhi-110019 PA…

Haldia Coke and Chemicals Pvt. Ltd., Chennai vs. Addl. CIT, Range- 11, New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 470/DEL/2018[2012-13]Status: DisposedITAT Delhi26 Aug 2022AY 2012-13

Bench: Shri Shamim Yahya & Ms. Astha Chandra[Assessment Year: 2012-13]

Section 115JSection 143(3)Section 144(13)Section 144C(1)Section 144C(13)Section 144C(5)Section 14ASection 36Section 36(1)(iii)Section 37

…the following decisions: 1) Principal CIT Vs. IL&FS Energy Development Co. Ltd (IT Appeal No. 520 of 2017) HC. Delhi. 2) M/s.Redington (India) Ltd Vs. Additional Commissioner of Income Tax (T.C.A.No.520 of 2016) Madras HC. 3) CIT Vs. Corrtech Energy Pvt Ltd (372 ITR 97) Guj. HC. 4) CIT Vs. Lakhani Marketing Inc. (226 Taxmann 45) P&H, HC. iv) The Assessing Officer erred in proceeding to apply Rule 8D without recording having regard to the accounts of the assessee as to why he was not satisfied with the correctness of the appellant’s claim that no expenditure was incurred in relation to income which does not form…

DCIT Central Circle-31, New Delhi vs. Bhilwara Energy Ltd., New Delhi

In the result, all the above captioned appeals of the Revenue are dismissed

ITA 5938/DEL/2019[2017-18]Status: DisposedITAT Delhi02 Aug 2022AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri P.K. Jain, CAFor Respondent: Shri Amaresh Singh, CIT-DR
Section 14ASection 153A

…d CIT Vs. Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I Vs. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is of the Allahabad High Court in Income Tax Appeal No. 88 of 2014, Commissioner of Income Tax (Ii) Kanpur, Vs. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014. In the said decision it has been held: “As regards the second question, Section 14A of the Act provides that for the purposes of computing the total incom…

DCIT Central Circle-31, New Delhi vs. Bhilwara Energy Ltd., New Delhi

In the result, all the above captioned appeals of the Revenue are dismissed

ITA 5937/DEL/2019[2016-17]Status: DisposedITAT Delhi02 Aug 2022AY 2016-17

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri P.K. Jain, CAFor Respondent: Shri Amaresh Singh, CIT-DR
Section 14ASection 153A

…d CIT Vs. Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I Vs. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is of the Allahabad High Court in Income Tax Appeal No. 88 of 2014, Commissioner of Income Tax (Ii) Kanpur, Vs. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014. In the said decision it has been held: “As regards the second question, Section 14A of the Act provides that for the purposes of computing the total incom…

DCIT Central Circle-31, New Delhi vs. Bhilwara Energy Ltd., New Delhi

In the result, all the above captioned appeals of the Revenue are dismissed

ITA 5936/DEL/2019[2015-16]Status: DisposedITAT Delhi02 Aug 2022AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri P.K. Jain, CAFor Respondent: Shri Amaresh Singh, CIT-DR
Section 14ASection 153A

…d CIT Vs. Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I Vs. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is of the Allahabad High Court in Income Tax Appeal No. 88 of 2014, Commissioner of Income Tax (Ii) Kanpur, Vs. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014. In the said decision it has been held: “As regards the second question, Section 14A of the Act provides that for the purposes of computing the total incom…

DCIT Central Circle-31, New Delhi vs. Bhilwara Energy Ltd., New Delhi

In the result, all the above captioned appeals of the Revenue are dismissed

ITA 5935/DEL/2019[2014-15]Status: DisposedITAT Delhi02 Aug 2022AY 2014-15

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri P.K. Jain, CAFor Respondent: Shri Amaresh Singh, CIT-DR
Section 14ASection 153A

…d CIT Vs. Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I Vs. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is of the Allahabad High Court in Income Tax Appeal No. 88 of 2014, Commissioner of Income Tax (Ii) Kanpur, Vs. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014. In the said decision it has been held: “As regards the second question, Section 14A of the Act provides that for the purposes of computing the total incom…

Assistant Commissioner of Income Tax-2(1), Raipur vs. M/S Mahendra Sponge 7 Power Pvt Ltd, Raipur

In the result, appeal of the Revenue is dismissed in terms of our aforesaid observations

ITA 197/RPR/2017[2013-14]Status: DisposedITAT Raipur28 Jul 2022AY 2013-14

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 197/Rpr/2017 "नधा"रण वष" / Assessment Year : 2013-14 The Assistant Commissioner Of Income Tax-2(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Mahendra Sponge & Power Pvt. Ltd. Plot No.76 & 77, Industrial Growth Area, Siltara, Raipur (C.G.) Pan : Aadcm5765E ……""यथ" / Respondent

For Appellant: Shri Amit M Jain, CAFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 143(2)Section 143(3)Section 14ASection 14A(2)Section 14A(3)Section 80I

…de u/s.14A of the Act. Our aforesaid view is fortified by the following judicial precedents: (i) Redington India Limited Vs. Additional Commissioner of Income Tax, (2016) 97 CCH 0219 (Chen HC) (ii) Commissioner of Income Tax Vs. Cortech Energy P. Ltd. (2015) 372 ITR 97 (Guj. HC) (iii) Commissioner of Income Tax-IV Vs. Holcim India (P) Ltd. (2014) 90 CCH 081 (Del. HC) (iv) CIT Vs. Delite Enterprises, ITA No.110/2009 (Bom.)(HC) We, thus, in terms of our aforesaid observations finding no infirmity in the deletion of the disallowance under Sec. 14A by the CIT(Appeals), uphold his order. Thus, the Grounds of appeal…

M/S. Atria Convergence Technologies Limited, Bangalore vs. Assistant Commissioner of Income Tax, Special Range- 1, Bangalore

In the result, the appeal by the assessee is partly allowed

ITA 2475/BANG/2019[2011-12]Status: DisposedITAT Bangalore18 Jul 2022AY 2011-12

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy Sassessment Year : 2011-12

For Appellant: Shri Aliasger Rampurwala, CAFor Respondent: Shri T. Roumuan Paite, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 14ASection 194JSection 40

…nd CIT vs. Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I v. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is Of the Allahabad High Court in Income Tax Appeal No. 88 of 2014, Commissioner of Income Tax II Kanpur, v. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014. In the said decision it has been held:- "As regards the second question, Section 14A of the Act provides that for the purposes of computing the total income…

Aura Securities Pvt. Ltd., Ahmedabad vs. The ITO, Ward-1(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 532/AHD/2020[2017-18]Status: DisposedITAT Ahmedabad15 Jul 2022AY 2017-18

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2017-18 Aura Securities Private Limited, Income Tax Officer, 403, 404 Shilp Building, Vs Circle-1(1)(1), Cg Road, Navrangpura, Ahmedabad Ahmedabad – 380009 Pan : Aabcm 0602 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Biren Shah & Shri Dhrunal Bhatt, Ars Revenue By : Shri Abhimanyu Singh Yadav, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 16/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 15/07/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-1, Ahmedabad (“Cit(A)” In Short) Dated 21.09.2020 & The Solitary Ground Raised Therein Reads As Under:-

For Appellant: Shri Biren Shah & Shri Dhrunal Bhatt, ARsFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 143(2)Section 143(3)Section 14A

…आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ ‘बी’ अहमदाबाद। अहमदाबाद। आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER Assessment Year : 2017-18 Aura Securities Private Limited, Income Tax Officer, 403, 404 Shilp Building, Vs Circle-1(1)(1), CG Road, Navrangpura, Ahmedabad Ahmedabad – 380009 PAN : AABCM 0602 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Biren Shah & Shri Dhrunal Bhatt…

JCIT (OSD) Circle- 12(2), New Delhi vs. International Hospital Ltd. (Before Amalgamation M/S Escorts Hospital and Research Centre Ltd), New Delhi

Accordingly, the grounds raised are not sustainable; the appeal of Revenue is dismissed

ITA 5232/DEL/2019[2013-14]Status: DisposedITAT Delhi12 Jul 2022AY 2013-14

Bench: Sh. Shamim Yahya & Sh. Anubhav Sharmajcit (Osd), Vs. M/S. International Hospital Ltd. Circle-12(2) (Before Amalgamation Known As New Delhi M/S. Escorts Hospital & Research Centre Ltd.) Okhla Road, Pan : Aaaci9792A New Delhi-110025 (Appellant) (Respondent)

Section 143(3)Section 14ASection 36Section 36(1)(iii)

…e 6 of 12 Winsome Textile Industries Limited, [2009] 319 ITR 204 to hold that Section 14A cannot be invoked when no exempt income was earned. The second decision is of the Gujarat High Court in Commissioner of Income Tax-I Vs. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj.). The third decision is of the Allahabad High Court in Income Tax Appeal No. 88 of 2014, Commissioner of Income Tax (Ii) Kanpur, Vs. M/s. Shivam Motors (P) Ltd. decided on 05.05.2014.” 8.1 Moreover, when substantive addition under section 36(1)(iii) of the Act has been confirmed and has become final, after order in appeal, the protecti…