2018 (2) TMI 1158

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....ah, for the Respondent ORDER P. C. 1. These two Appeals under Section 260-A of the Income Tax Act, 1961 (the Act), challenge the common order dated 17th December 2014 passed by the Income Tax Appellate Tribunal (the Tribunal) for the Assessment Year 2008-09, 2009-10 & 2010-11. These two Appeals by the Revenue challenge the common impugned order dated 17th December 2014 in respect of Asses....

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....he circumstance of the case and in law, the Tribunal is correct in distinguishing between the investments in subsidiary company for controlling stake and non-controlling stake to decide the applicability of Section 14A of the Act?" 3 We find that the impugned order of the Tribunal has recorded a finding of fact that in the subject Assessment Year no income in the form of dividend or otherwise w....

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....2017 where this Court following the decision of the Delhi High Court in the case of CIT Vs. Holcim India (P.) Ltd. (2015) 57 Taxman.com 28 and decision in the case of CIT Vs. Shivam Motors (P.) Ltd. (2015) 230 Taxman 0063 has held that if for the relevant Assessment Year, Assessee has not earned any tax free income, the corresponding expenditure incurred cannot be taken into consideration for dis-....