Delhi High Court - Orders
Principal Commissioner Of Income Tax, ... vs M/S Pnb Housing Finance Ltd on 3 April, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Purushaindra Kumar Kaurav
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 154/2022
PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI -
07 ..... Appellant
Through: Mr. Sunil Aggarwal, SSC with
Mr. Shivansh Pandey, Mr.
Utkarsh Tiwari, Advs.
versus
M/S PNB HOUSING FINANCE LTD. ..... Respondent
Through: Mr. S. Krishnan, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
ORDER
% 03.04.2024
1. Having heard Mr. Aggarwal, learned counsel appearing for the appellant and Mr. Krishnan, learned counsel appearing for the respondent and on perusal of the computation chart for income that was placed, we find that the appeal would merit further consideration. We, consequently, admit the appeal on the following questions of law:-
A. Whether the Income Tax Appellate Tribunal [" ITAT"] was correct on the facts and in the circumstances of the case to delete disallowance under Section 14A of the Income Tax Act, 1961 read along with Rule 8D of the Income Tax Rules, 1962 by ignoring the fact that the assessee has earned Tax Free Dividend Income during the relevant year?
B. Whether the ITAT was correct on the facts and in the circumstances of the case to ignore the finding of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2024 at 22:30:38 Assessing Officer that expenditure would have been incurred on gaining dividend income which finding has not been controverted by the Commissioner of Income Tax (Appeals) as well?
2. List again on 31.07.2024.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
APRIL 3, 2024/neha This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2024 at 22:30:38