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Income Tax Appellate Tribunal - Delhi

Acit Circle-27(2), New Delhi vs Zuari Sugar & Power Ltd, New Delhi on 14 July, 2022

          IN THE INCOME TAX APPELLATE TRIBUNAL

                  (DELHI BENCH 'H' : NEW DELHI)

     BEFORE DR. B.R.R.KUMAR, ACCOUNTANT MEMBER
                          AND
        SH. ANUBHAV SHARMA, JUDICIAL MEMBER

                         ITA No.7/Del/2020
                     (Assessment Year : 2016-17)

   ACIT,                            Vs. M/s. Zuari Sugar & Power Ltd.
   Circle-27(2)                         Plot No. 2, Zamrudpur
   New Delhi                            Community Centre,
                                        Kailash Colony Extension,
                                        New Delhi-110048
                                        PAN : AAACZ3381Q
   (APPELLANT)                          (RESPONDENT)


   Revenue by               Sh. M. Baranwal, Sr. DR
   Assessee                 Shri KVSR Krishna, CA


   Date of hearing:                     12.07.2022
   Date of Pronouncement:               14.07.2022

                                 ORDER

PER ANUBHAV SHARMA, JM:

The appeal has been filed by the Revenue against order dated 31.10.2019 in appeal no. CIT(A), Delhi 9/10399/2018-19 in assessment year 2016-17 passed by Commissioner of Income Tax (Appeals)-9, New Delhi (hereinafter referred to as the First Appellate Authority in short 'Ld. F.A.A.') in regard to the appeal before it arising out of assessment order dated 22/12/2018 u/s 143(3) of the Income Tax Act, 1961 passed by ITA No. 7/Del/2020 M/s. Zuari Sugar & Power Ltd.

Sh. Tatung Padi, Circle 27(2), Delhi (hereinafter referred to as the Assessing Officer 'AO').

2. Heard and perused the record.

3. There is no dispute of the fact that the assessee was not having any exempt income in the relevant year and the ld. CIT(A) while referring to various judicial precedents has concluded that as there is no exempt income, disallowance addition u/s 14A of the Act r.w.r. 8D(i) is not sustainable. Ld. Sr. DR has although relied orders of Ld. AO but could not cite any proposition of law to hold a different opinion then the one relied to by the Ld. CIT(A).

4. In the light of aforesaid, there is no substance in the appeal of the Revenue, the same is dismissed.

Order pronounced in the open court on 14th July, 2022.

             Sd/-                                 Sd/-
       (DR. B.R.R.KUMAR)                     (ANUBHAV SHARMA)
      ACCOUNTANT MEMBER                      JUDICIAL MEMBER

Date:- 14 .07.2022
*Binita, SR.P.S*
Copy forwarded to:
1.     Appellant
2.     Respondent
3.     CIT
4.     CIT(Appeals)
5.     DR: ITAT
                                                       ASSISTANT REGISTRAR
                                                         ITAT, NEW DELHI