The Pr. Commissioner Of Income Tax – 12 v. Suresh Verma
High Court
29 Mar 2017 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
The Pr. Commissioner Of Income Tax – 12 v. Suresh Verma
Date of order
29 Mar 2017
Assessment year(s)
2010-11
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Pr. Commissioner Of Income Tax – 12 v. Suresh Verma, the High Court (2017) dismissed the appeal. The decision went in favour of the assessee.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
$~4
IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 197/2017 & CM No. 9070/2017
THE PR. COMMISSIONER OF INCOME TAX – 12 ..... AppellantThrough: Mr. Ruchir Bhatia, Adv.
versus
SURESH VERMA
.... Respondent
Through: Mr. Sanat Kapoor, Adv.
CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRI
%
O R D E R29.03.2017
The Revenue is in appeal against the order of the ITAT whichhad cancelled the disallowance under Section 14A of the Income TaxAct, 1961 made in the course of the search based assessment for AY2010-11. The ITAT reasoned that disallowance – in excess of Rs. 69lacs, was unwarranted because there was no tax imposition income inthe given year; in doing so the ITAT followed our previous decisionin Cheminvest Ltd. vs Commissioner of Income Tax [2015] 378 ITR33 (Delhi).
Therefore, since the ITAT followed the ruling of this Court, andthere was no tax imposition income, there could not have been anydisallowance under Section 14A of the Act. Its decision, therefore, issound and does not call for any interference.
No substantial question of law arises. The appeal is dismissed.
S. RAVINDRA BHAT, J
MARCH 29, 2017/kk
NAJMI WAZIRI, J
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