Pr. Commissioner of Income-tax, Central-­2 v. Red Chillies Entertainment Pvt. Ltd
[Citation -2019-LL-0820-105]

Citation 2019-LL-0820-105
Appellant Name Pr. Commissioner of Income-tax, Central-­2
Respondent Name Red Chillies Entertainment Pvt. Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 20/08/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags film production • exempt income • advertisement expense • publicity expense
Bot Summary: The impugned order dated 31 st May, 2016 is in respect of Assessment Year 2009 10. 14A r.w.r. 8D, if exempt income had not been earned for the year under scrutiny 3 Re. Question: Mr. Sureh Kumar, learned Counsel for the Revenue very fairly states that the issue raised herein stands concluded against the Revenue and in favour of the Respondent Assessee by the decision of this Court in CIT v/s. It was pointed out that the impugned order of the Tribunal has placed reliance upon the decision of its co ordinate bench in the case of Dharma Productions Ltd.,, which was challenged by the Revenue in appeal before this Court and was dismissed on 19th March, 2019; In view of the above, the question as framed does not give rise to any substantial question of law. 4 Re. Question: It is an agreed position between the parties that this issue stands concluded against the Revenue and in favour of the Respondent by the decision of this Court in Respondent Assessee's own case being Income Tax Appeal No. 597 of 2017 decided on 11th June, 2019; In the above case, the Court has held that in the absence of any exempt income arising in the previous year relevant to the subject Assessment Year, no occasion to make any disallowance under Section 14A of the Act can arise. In view of the above decision, the question as proposed does not give rise to any substantial question of law.


IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 842 OF 2017 Pr. Commissioner of Income Tax Central 2 .. Appellant. v/s. M/s. Red Chillies Entertainment Pvt. Ltd., Respondent. Mr. Suresh Kumar, for Appellant. Mr. Hiro Rai i/b. Mr. Subhash Shetty, for Respondent. CORAM: M.S.SANKLECHA & NITIN JAMDAR, JJ. DATE : 20th AUGUST, 2019. P.C: This Appeal under Section 260 of Income Tax Act, 1961 (the Act), challenges order dated 31st May, 2016 passed by Income Tax Appellate Tribunal (the Tribunal). impugned order dated 31 st May, 2016 is in respect of Assessment Year 2009 10. 2 Revenue urges following questions of law, for our consideration: (a) Whether on facts and in circumstance of case and in law, Tribunal was justified in allowing advertisement and publicity expenses of Rs.2,39,39,631/ incurred after date of certification and disallowed by AO invoking Rule 9A of IT Rule by holding that amount not allowable under rule 9A, may be allowed under Section 37 of IT Act, 1961, ignoring fact that expenditure related to film production has to be allowed only as per Rule 9A(5) or Rule 9A(6), under Chapter 'Determination of Income special Cases? S.R.JOSHI 1 of 3 ::: Uploaded on - 22/08/2019 ::: Downloaded on - 26/08/2019 10:21:02 ::: itxa-842-2017 (b) Whether on facts and in circumstances of case and in law, Tribunal is justified in holding that no disallowance should be made u/s. 14A r.w.r. 8D, if exempt income had not been earned for year under scrutiny? 3 Re. Question (a): (i) Mr. Sureh Kumar, learned Counsel for Revenue very fairly states that issue raised herein stands concluded against Revenue and in favour of Respondent Assessee by decision of this Court in CIT v/s. Dharma Productions (P) Ltd., 263 Taxman 585. In fact, it was pointed out that impugned order of Tribunal has placed reliance upon decision of its co ordinate bench in case of Dharma Productions (P) Ltd., (supra), which was challenged by Revenue in appeal before this Court and was dismissed on 19th March, 2019; (ii) In view of above, question as framed does not give rise to any substantial question of law. Thus, not entertained. 4 Re. Question (b): (i) It is agreed position between parties that this issue stands concluded against Revenue and in favour of Respondent by decision of this Court in Respondent Assessee's own case being Income Tax Appeal No. 597 of 2017 decided on 11th June, 2019; (ii) In above case, Court has held that in absence of any exempt income arising in previous year relevant to subject Assessment Year, no occasion to make any disallowance under Section 14A of Act can arise. (iii) In view of above decision, question as proposed does not give rise to any substantial question of law. Thus not entertained. S.R.JOSHI 2 of 3 ::: Uploaded on - 22/08/2019 ::: Downloaded on - 26/08/2019 10:21:02 ::: itxa-842-2017 5 Accordingly, Appeal dismissed. (NITIN JAMDAR,J.) (M.S.SANKLECHA,J.) S.R.JOSHI 3 of 3 Pr. Commissioner of Income-tax, Central-2 v. Red Chillies Entertainment Pvt. Ltd
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