Pr. Commissioner of Income-tax-2, Delhi v. Clix Finance India Pvt. Ltd. (Formerly Known As Ge Capital Services India Pvt. Ltd.)
[Citation -2019-LL-0716-55]

Citation 2019-LL-0716-55
Appellant Name Pr. Commissioner of Income-tax-2, Delhi
Respondent Name Clix Finance India Pvt. Ltd. (Formerly Known As Ge Capital Services India Pvt. Ltd.)
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 16/07/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags expenditure incurred • dividend • interest on sticky loan
Bot Summary: There are two issues urged by the Revenue in the present appeal against the order dated 11th June, 2018 passed by the Income Tax Appellate Tribunal in ITA No. 761/Del/2016 for the Assessment Year 2008-09. One issue concerns interest on 'Sticky Loan'. The said issue stands answered against the Revenue by the order dated 8th February, 2017 passed this Court in ITA No. 67/12 The Court is informed that the Special Leave Petition against the said order also stands dismissed. Accordingly no question requires to be framed on the said issue. The second issue concerns the deletion by the ITAT of an addition under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the Income Tax Rules. The ITAT set aside the addition made by the Assessing Officer on the ground that Assessee had not disclosed any expenditure incurred on earning the dividend income. No substantial question of law arises even as regards this issue.


IN HIGH COURT OF DELHI AT NEW DELHI ITA 635/2019 PR. COMMISSIONER OF INCOME TAX- 2, DELHI Appellant Through: Mr. Zoheb Hossain, Senior Standing Counsel for Revenue versus M/S CLIX FINANCE INDIA PVT. LTD. (FORMERLY KNOWN AS M/S GE CAPITAL SERVICES INDIA PVT. LTD.) Respondent Through: Mr. Sachit Jolly, Advocate CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH ORDER 16.07.2019 CM APPLs. 31430-31431/2019 1. For reasons explained in applications, delay in filing and re- filing appeal is condoned and applications are allowed. ITA 635/2019 2. There are two issues urged by Revenue in present appeal against order dated 11th June, 2018 passed by Income Tax Appellate Tribunal (ITAT) in ITA No. 761/Del/2016 for Assessment Year (AY) 2008-09. 3. One issue concerns interest on 'Sticky Loan'. said issue stands answered against Revenue by order dated 8th February, 2017 passed this Court in ITA No. 67/12 (Principal Commissioner of Income Tax Commissioner-4 v. G.E. Money Financial Services Pvt. Ltd.) Court is informed that Special Leave Petition against said order also stands dismissed. Accordingly no question requires to be framed on said issue. 4. second issue concerns deletion by ITAT of addition under Section 14A of Income Tax Act, 1961 read with Rule 8D of Income Tax Rules. ITAT set aside addition made by Assessing Officer (AO) on ground that Assessee had not disclosed any expenditure incurred on earning dividend income. fact of matter is that in present case, AO appears to have made addition which is in excess of dividend income. This Court has in H T Media Ltd. v. Principal CIT 399 ITR 576 (Del) deleted similar addition. Therefore, no substantial question of law arises even as regards this issue. 5. appeal is accordingly dismissed. S. MURALIDHAR, J. TALWANT SINGH, J. JULY 16, 2019 PB Pr. Commissioner of Income-tax-2, Delhi v. Clix Finance India Pvt. Ltd. (Formerly Known As Ge Capital Services India Pvt. Ltd.)
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