The Pr. Commissioner Of Income Tax -6 v. Moser Baer Solar Ltd.

$~91 *IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 135/2019 THE PR. COMMISSIONER OF INCOME TAX -6... Appellant Through :

Mr. Ruchir Bhatia, Sr. Standing Counsel.

versus MOSER BAER SOLAR LTD.

..... Respondent Through :

Mr. Neeraj Jain and Mr. Aniket D. Agrawal, Advs.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 11.02.2019 This appeal, by the Revenue, under Section 260A urges a solitary ground with respect to the disallowance under Section 14A. Though the Assessment Officer (AO) brought to tax the amounts on an application of Rule 8D of the Income Tax Rules, the ITAT set aside the addition by relying on this court's judgment in Cheminvest Ltd. v. CIT, (2015) 378 1TR 33 (Del). In the present case too, no exempt income was in fact earned by the assessee. As a result, no substantial question of law arises.

The appeal is dismissed.

S. RAVINDRA BHAT, J PRATEEK JALAN, J FEBRUARY 11, 2019/aj