Principal Commissioner of Income-tax-2 v. Galaxy Real Estate Developers Pvt. Ltd
[Citation -2017-LL-0613-3]

Citation 2017-LL-0613-3
Appellant Name Principal Commissioner of Income-tax-2
Respondent Name Galaxy Real Estate Developers Pvt. Ltd.
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 13/06/2017
Judgment View Judgment
Bot Summary: Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 4.5.2016, raising following question for our consideration. Whether the Appellate Tribunal is right in law and on facts in deleting the disallowance under Section 14A of the Income Tax Act, 1961 read with Rule 8D by the Assessing Officer 2. The issue thus relates to disallowance under Section 14A of the Income Tax Act, 1961. The Tribunal in the impugned judgment noticed that the assessee had sufficient interest free funds in excess of investments made for earning tax free income.


O/TAXAP/341/2017 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 341 of 2017 PRINCIPAL COMMISSIONER OF INCOME TAX-2....Appellant(s) Versus GALAXY REAL ESTATE DEVELOPERS PVT.LTD.....Opponent(s) Appearance: MRS MAUNA M BHATT, ADVOCATE for Appellant(s) No. 1 CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE BIREN VAISHNAV Date : 13/06/2017 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against judgment of Income Tax Appellate Tribunal dated 4.5.2016, raising following question for our consideration. Whether Appellate Tribunal is right in law and on facts in deleting disallowance under Section 14A of Income Tax Act, 1961 read with Rule 8D by Assessing Officer? 2. issue thus relates to disallowance under Section 14A of Income Tax Act, 1961. Tribunal in impugned judgment noticed that assessee had sufficient interest free funds in excess of investments made for earning tax free income. That being position, no question of law arises. Tax Appeal is dismissed. (AKIL KURESHI, J.) Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Jun 28 10:01:47 IST 2017 O/TAXAP/341/2017 ORDER (BIREN VAISHNAV, J.) malek Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Jun 28 10:01:47 IST 2017 Principal Commissioner of Income-tax-2 v. Galaxy Real Estate Developers Pvt. Ltd
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