The Pr. Commissioner of Income-tax-1 v. Gateway Distriparks Ltd
[Citation -2019-LL-0826-43]
| Citation | 2019-LL-0826-43 |
|---|---|
| Appellant Name | The Pr. Commissioner of Income-tax-1 |
| Respondent Name | Gateway Distriparks Ltd. |
| Court | HIGH COURT OF BOMBAY |
| Relevant Act | Income-tax |
| Date of Order | 26/08/2019 |
| Assessment Year | 2010-11 |
| Judgment | View Judgment |
| Keyword Tags | exempt income • income earned |
| Bot Summary: | 2 Revenue urges the following questions of law, for our consideration: Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in deleting the disallowance of Rs.52,31,59,870/ made u/s. Ltd., Whether on the facts and in the circumstances of the case and in law, was the Tribunal right in holding that no disallowance under Section 14A of the Act can be made in the absence of any exempt income S.R.JOSHI 1 of 3 itxa-707-2017 3 Re. Question: It is an agreed position between the parties that this issue stands concluded against the Revenue and in favour of the Respondent Assessee by the decision of this Court in CIT v/s. Continental Ware Housing Corpn Ltd., 2015 58 taxmann.com 78; In fact, in respect of the same Respondent Assessee, the Revenue s appeal being Income Tax Appeal Nos. In view of the above, the question as framed being concluded by the decision of this Court and the Apex Court, no substantial question of law arises. 4 Re. Question: It is an agreed position between the parties that where there is no exempt income earned by the Respondent as in this case, then there can be no occasion to make any disallowance under Section 14 A of the Act. This in view of the decision of this Court in Pr. CIT v/s. Man Infra Projects decided on 9th April, 2019; In view of the above, the question as framed does not give rise to any substantial question of law. |