The Pr. Commissioner Of Income Tax -3 v. Feedback Infra Pvt.Ltd.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 276/2018 THE PR. COMMISSIONER OF INCOME TAX -3..... Appellant Through Mr.Ruchir Bhatia, Sr.Standing Counsel.

versus FEEDBACK INFRA PVT.LTD.

..... Respondent Through Mr.Aniket D.Agarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 01.05.2018 In the present appeal, the Revenue is aggrieved by the order of the ITAT which held that the disallowance made by the Revenue Authorities (AO) under Section 14A was unjustified and not in accordance with law. The Revenue's Appellate Authority and the Tribunal noticed that in given assessment year concerning to the assessee, as a matter of fact, no tax exempt income had been derived so as to attract Section 14A. By applying the ratio of the judgment of this Court in Cheminvest Ltd. v. Commissioner of Income Tax [2015] 378 ITR 33 (Del), the Tribunal held that the disallowance was not justified. This Court notices that this view has been subsequently endorsed in other decisions as well. Therefore, no question of law arises and appeal is accordingly dismissed. S. RAVINDRA BHAT, J A. K. CHAWLA, J MAY 01, 2018/ndn