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Delhi High Court - Orders

Pr. Commissioner Of Income Tax-3 vs M/S Fortis Health Management Ltd on 11 February, 2019

Author: S. Ravindra Bhat

Bench: S. Ravindra Bhat, Prateek Jalan

$~95
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+     ITA 139/2019 & CM APPL. 6354/2019

      PR. COMMISSIONER OF INCOME TAX-3 ..... Appellant
                     Through : Mr. Ruchir Bhatia, Sr. Standing
                               Counsel.
                     versus
      M/S FORTIS HEALTH MANAGEMENT LTD ... Respondent
                     Through : Mr. Simran Mehta, Adv.
      CORAM:
      HON'BLE MR. JUSTICE S. RAVINDRA BHAT
      HON'BLE MR. JUSTICE PRATEEK JALAN
               ORDER

% 11.02.2019 This appeal, by the Revenue, under Section 260A urges a solitary ground with respect to the disallowance under Section 14A. Though the Assessment Officer (AO) brought to tax the amounts on an application of Rule 8D of the Income Tax Rules, the ITAT set aside the addition by relying on this court's judgment in Cheminvest Ltd. v. CIT, (2015) 378 1TR 33 (Del). In the present case too, no exempt income was in fact earned by the assessee. As a result, no substantial question of law arises.

The appeal is dismissed.

S. RAVINDRA BHAT, J PRATEEK JALAN, J FEBRUARY 11, 2019 aj