Full Text
ITA 92/2019
THEPR.COMMISSIONER OFINCOME TAX -3 Appellant
Through: Mr.PuneetRaiand Mr.Ruchir Bhatia,Advocates
Through: Mr.Mayank Nagi,Advocate AND
THE PR.COMMISSIONER OFINCOME TAX -3 Appellant
Through: Mr.PuneetRai and Mr.Ruchir Bhatia,Advocates
Through: Mr.Mayank Nagi,Advocate
29.07.2019
ORDER
1. Allo"wed,subjectto alljust exceptions. ITA 92/2019 and ITA 132/2019 rd
2. These are appeals by the Revenue against the common order dated 23 August,2018 in ITA No. 3682/DEL/20II for the Assessment Year('AY') 2009-10 and ITA No. 3I08/DEL/2011 for the AY 2008-09 passed by the 2019:DHC:7409-DB Income Tax Appellate Tribunal(ITAT).
3. The common question urged in both the cases concerns the correctness of the order ofthe ITAT upholding the order ofthe CIT(A)which deleted the addition made by the Assessing Officer(AO)under Section 14 A read with Rule 8D(2)(ii)&(ill)oftheIncome Tax Rules.
4. As pointed out by theITAT,the AO did not give any clear findings while he was invoking Rule 8D (2)(i)ofthe Income Tax Rules in the facts ofthe present case. It was further noted that the disallowance claimed by the Assessee exceeded the exemptincome earned during the AYsin question.
5. The Court does notfind any legal error in the impugned order oftheITAT which calls for interference. No substantial question of law arises for consideration.The appeals are accordingly dismissed.
S.MURALIDHAR,J. TALWANT SINGH,J.