The Pr. Commissioner Of Income Tax -6 v. Mmtc Ltd.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1071/2017 THE PR. COMMISSIONER OF INCOME TAX -6 ..... Appellant Through:

Mr. Ruchir Bhatia with Mr. Puneet Rai & Mr. Gaurav Khetarpal, Advs.

versus MMTC LTD.

..... Respondent Through:

Ms. Kavita Jha with Mr. Vaibhav Kulkarni, Advs.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 28.11.2017 1.

The Revenue is in appeal under Section 260A of the Income Tax Act, 1961 with respect to the disallowance under Section 14A - made by the AO in the sum of `3,45,20,401/-. The AO had applied Rule 8D of the Income Tax Rules, 1982. 2.

This Court notices that the judgment in Godrej & Boyce Manufacturing Co. Ltd., Mumbai v. Deputy Commissioner of Income Tax 328 ITR 81 (Bom) and that of this Court in SIL Investment Ltd. v. Addl. Commissioner of Income Tax 148 TTJ 213 (Del) was applied. Furthermore, for another assessment ITA No.1071/2017 Page 1

year concerning the same assessee (MMTC Ltd.), this Court had declined framing question of law on the issue of Section 14A, as in the present case; Principal Commissioner of Income Tax v. MMTC Ltd. (ITA No.730/2017 decided on 12.09.2017). 3.

As a consequence, no question of law arises. The appeal is, therefore, dismissed.

S. RAVINDRA BHAT, J SANJEEV SACHDEVA, J NOVEMBER 28, 2017 kks ITA No.1071/2017 Page 2