The Pr. Commissioner of Income-tax Central-3 v. Jaypee Commodities Ltd - 2017-LL-0926

Citation	2017-LL-0926
Appellant Name	The Pr. Commissioner of Income-tax Central-3
Respondent Name	Jaypee Commodities Ltd.
Court	HIGH COURT OF DELHI AT NEW DELHI
Relevant Act	Income-tax
Date of Order	26/09/2017
Judgment	View Judgment
Keyword Tags	question of law • tax effect
Bot Summary:	This is an appeal by the Revenue against an order dated 10 th January, 2017 passed by the Income Tax Appellate Tribunal in ITA No.4090/Del/2015 for the Assessment Year 2010-11. The question urged by the Revenue reads as under:- 2.1 Whether Ld. ITAT/CIT(A) erred in deleting the addition of Rs.30,60,000/- made by the Assessing officer on account of disallowance under section 14A of the Income Tax Act,1961 read with Rule 8D 3. Learned counsel for the Assessee raised a preliminary objection regarding maintainability of the present appeal on account of low tax efect. The Court finds that on merits the question urged stands covered against the Revenue by the decision of this Court in Cheminvest Ltd. Vs. Commissioner of Income Tax 378 ITR 33. In that view of the matter, no substantial question of law arises.

$ 4 * IN HIGH COURT OF DELHI AT NEW DELHI + ITA 770/2017 PR. COMMISSIONER OF INCOME TAX CENTRAL-3 Appellant Through: Mr.Ruchir Bhatia, Sr.Standing Counsel with Mr.Gaurav Khetrapal, Advocate. Versus JAYPEE COMMODITIES LTD. Respondent Through: Mr.Ved Jain, Advocate with Mr.Pranjal Srivastava, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH ORDER % 26.09.2017 1. This is appeal by Revenue against order dated 10 th January, 2017 passed by Income Tax Appellate Tribunal (ITAT) in ITA No.4090/Del/2015 for Assessment Year ( AY ) 2010-11. 2. question urged by Revenue reads as under:- 2.1 Whether Ld. ITAT/CIT(A) erred in deleting addition of Rs.30,60,000/- made by Assessing officer on account of disallowance under section 14A of Income Tax Act,1961 read with Rule 8D? 3. Learned counsel for Assessee raised preliminary objection regarding maintainability of present appeal on account of low tax efect. However, Court finds that on merits question urged stands covered against Revenue by decision of this Court in Cheminvest Ltd. Vs. Commissioner of Income Tax (2015) 378 ITR 33. 4. In that view of matter, no substantial question of law arises. appeal is dismissed. S. MURALIDHAR, J. PRATHIBA M. SINGH, J. SEPTEMBER 26, 2017 anb Pr. Commissioner of Income-tax Central-3 v. Jaypee Commodities Ltd

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