2019 (5) TMI 191

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....Urvashi Dhugga, Sr. Standing Counsel ORDER AJAY KUMAR MITTAL, J. 1. This order shall dispose of two appeals bearing ITA Nos. 237 and 416 of 2018, as according to learned counsel for the revenue, identical issues are involved therein. For brevity, the facts are being taken from ITA- 237-2018. 2. ITA-237-2018 has been preferred by the revenue under Section 260A of the Income Tax Act, 196....

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....had been incurred by it in relation to income which did not form part of the total income, the provisions of section 14A(2) would not apply whereas section 14A(2) specifically provided that provisions of section 14A(2) would apply even in relation to a case where the respondent claimed that no expenditure had been incurred in relation to income which did not form part of the income and the A.O. is....

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....hare and Stock Brokers P Ltd. 326 ITR 1 (SC) and that the department is in SLP in several cases on this issue 'Niligiri Infrastructure Development Ltd. ITA No. 135 of 2016 A.Y. 2009-10 of Delhi High Court and Instant Holding Ltd. ITA No. 2168 of 2011? 3. Put shortly, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The assessee filed its return ....

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....ure A-2, before the Tribunal. The Tribunal vide order dated 31.10.2017 (Annexure A-3) upheld the order of the CIT(A) and dismissed the appeal of the revenue. Hence, the present appeal by the revenue against the deletion of disallowance made under Section 14A of the Act. 5. We have heard learned counsel for the revenue. 6. It was not disputed by the learned counsel for the revenue that the af....