2018 (3) TMI 1623

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e captioned appeal by the Revenue is directed against the order of CIT(A)-5, Mumbai dated 10.08.2015, pertaining to the Assessment Year 2011-12, which in turn has arisen from the order dated 28.01.2014 passed by the Assessing Officer, Mumbai under section 143(3) of the Income Tax Act, 1961 (in short 'the Act'). 2. In its appeal, Revenue has raised the following Ground of appeal :- "1. The order....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....income claimed by the assessee and thus, there was no necessity of invoking Sec. 14A of the Act. 4. Before us, the ld. DR has not assailed the finding of the CIT(A) to the effect that there was no exempt income earned during the year under consideration. As a consequence, we find that the CIT(A) made no mistake in deleting the addition inasmuch as the same is in conformity with the judgment of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r lines. 6. At the time of hearing, the ld. DR relied upon the CBDT Circular no. 5/2014 dated 11.02.2014 to put forth that invocation of Sec. 14A of the Act is permissible even in the absence of exempt income during a particular year. In our considered opinion, the said Circular of CBDT does not distract from the legal position laid down by the Hon'ble Delhi High Court in the case of Cheminve....