CIT v. Essar Tele

401 ITR 445Supreme Court of India2018#471 most cited

What is CIT v. Essar Tele authority for?

Rule 8D of the Income Tax Rules, read with Section 14A, applies prospectively. It cannot be applied to any assessment year prior to Assessment Year 2008-09.

198

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Essar Teleholdings Ltd. · Essar Teleholdings · Section 14A · Rule 8D · prospective application · disallowance exempt income · AY 2008-09 · Rule 8D applicability · Supreme Court

Issues it is cited on

Judgments citing CIT v. Essar Tele

DCIT CC 4(2), Mumbai vs. Rockfort Estate Developers Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed and the Cross objections filed by the assessee are allowed for statistical purposes

ITA 4091/MUM/2019[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadaledcit, Cc-4(2) Vs M/S Rockfort Estate Room No. 1918, 19Th Developers Pvt Ltd Floor, Air India Bldg, 1,Leela Baug, Andheri – Nariman Point, Kurla, Mumbai – 400021. Mumbai – 400051. Pan/Gir No. : Aabcr7896K Appellant .. Respondent Co No. 72/Mum/2021 (Arising Out Of Ita No. 4091/Mum/2019 A.Y 2014-15) M/S Rockfort Estate Vs Dcit, Cc-4(2) Developers Pvt Ltd Room No. 1918, 19Th 1, Leela Baug,Andheri Floor, Air India Bldg, – Kurla, Nariman Point, Mumbai – 400051. Mumbai – 400021. Pan/Gir No. : Aabcr7896K Appellant .. Respondent Assessee By : Mr.Rahul Hakani.Ar Revenue By : Mr.S.N. Kabra.Dr Date Of Hearing 28.01.2022 Date Of Pronouncement 25.04.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-52

For Appellant: Mr.Rahul Hakani.ARFor Respondent: Mr.S.N. Kabra.DR
Section 14Section 143(2)Section 143(3)Section 14ASection 22Section 23Section 36(1)(iii)Section 37(1)

…is that assessee had not derived any exempt income at all and hence, there cannot be any disallowance u/s.14A of the Act. Reliance in this regard is placed on the recent decision of the Hon’ble Supreme Court in the case of Essar Teleholdings Ltd., reported in 401 ITR 445. 3.2. Respectfully following the same, we find no infirmity in the order of ld. CIT(A) and accordingly ground Nos.2 & 3 raised by the revenue are dismissed. ITA No. 4091/Mum/2019 & CO No. 72/Mum/2021 Rockfort Estate Developers Pvt Ltd. 14. The Hon’ble Tribunal in assessee’s own case for the A.Y 2012-13 in ITA No. 3398/Mum/2017 dated 30.01.2019 h…