2018 (8) TMI 1314

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....Addl. CIT For The Assessee : Smt. Sheetal Borkar, Advocate ORDER Per Sunil Kumar Yadav, Judicial Member This appeal is preferred by the Revenue against the order of the CIT(A), inter alia, on the following grounds: 1 The order of the Learned CIT (Appeals), in so far as it is prejudicial to the interest of revenue, is opposed to law and the facts and circumstances of the case. ....

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....d or delete any of the grounds that may be urged at the time of hearing of appeal. 2. During the course of hearing, the learned Counsel for the assessee has contended that the assessee did not earn any exempted income, therefore, provisions of Section 14A cannot be invoked in view of judgement of the Apex Court. The learned DR placed reliance upon the assessment order. 3. Having carefully....

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....High Court are extracted hereunder:- "15. Turning to the central question that arises for consideration, the court finds that the complete answer is provided by the decision of this court in CIT v. Holcim India (P) Ltd. (decision dated 5th September 2014, in I. T. A. No. 486 of 2014). In that case, a similar question arose, viz., whether the Income-tax Appellate Tribunal was justified in ....

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.... Ltd. [2010] 323 ITR 518 (P&H) and CIT v. Winsome Textile Industries Ltd. [2009] 319 ITR 204 (P&H). The second was of the Gujarat High Court in CIT v. Corrtech Energy (P.) Ltd. [2014] 223 Taxmann 130 (Guj) ; [2015] 372 ITR 97 (Guj) and the third of the Allahabad High Court in CIT v. Shivam Motors (P) Ltd. (decision dated 5th May, 2014, in I. T. A. No. 88 of ITA No.1107/Bang/2016 2014). These three....