Pr. Commissioner of Income Tax (Central)-2 v. M/S Bharat Hotels Ltd

RAJIV SHAKDHER, J. (Oral): CM Appl.23547/2023

¶1Allowed, subject to just exceptions. CM Appl.23548/2023

¶2This is an application filed on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.

2.1 According to the appellant/revenue, the period of delay involved is 60 days.

¶3Ms Ananya Kapoor, who appears on behalf of the respondent/assessee, says that she does not oppose the prayer made in the application.

¶4The delay is, accordingly, condoned.

¶5The application is disposed of in the aforesaid terms. ITA 266/2023

¶6This appeal concerns Assessment Year (AY) 2016-17.

¶7The appellant/revenue seeks to assail the order dated 30.08.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].

¶8The only issue which arises for consideration is, whether the Tribunal was right in deleting the disallowance amounting to Rs.5,75,90,145/- under Section 14A of the Income Tax Act, 1961 [in short, "Act"] given the fact that the respondent/assessee has not earned any exempt income.

8.1 Mr Kumar cannot but accept, that the issue raised in the present appeal is covered inter alia by the following judgments:

(i) Cheminvest Ltd. v. CIT (2015) 378 ITR 33

(ii) CIT v. M/s Chettinad Logistics Pvt. Ltd. [2017] 80 taxmann.com 221 (Madras)

(iii) Judgment dated 03.05.2023 passed in ITA 250/2023 titled Principal Commissioner of Income Tax – 4 Delhi v. M/s Modern Info Technology Pvt. Ltd.

¶9Insofar as the Chettinad Logistics is concerned, which included one of us i.e., Rajiv Shakdher, J., the SLP filed was dismissed by the Supreme Court via order dated 02.07.2018 reported in [2018] 95 taxmann.com 250

(SC).

¶10According to us, no substantial question of law arises for consideration.

¶11The appeal is, accordingly, closed.

RAJIV SHAKDHER, J

GIRISH KATHPALIA, J

MAY 9, 2023/pmc

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09.05.2023 + ITA 266/2023 PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... Appellant Through: Mr Sanjay Kumar, Sr Standing Counsel with Ms Hemlata Rawat and Ms Easha Kadian, Advs. versus M/S BHARAT HOTELS LTD. ..... Respondent Through: Ms Ananya Kapoor with Mr Sumit Lalchandani, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE GIRISH KATHPALIA [Physical Hearing/Hybrid Hearing (as per request)]