The Tax Publishers2019 TaxPub(DT) 3446 (SC) : (2019) 264 TAXMAN 0076

INCOME TAX ACT, 1961

Section 261 Section 14A

Where the Department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. GVK Project & Technical Services Ltd. [I.T.A. No. 646/2018 & CM Appl. No. 22629/2018, dt. 28-5-2018] : 2018 TaxPub(DT) 8094 (Del-HC), whereby the High Court held that since assessee did not report any exempt income during the year under consideration, AO was not justified in making disallowance under section 14A as in absence of any exempt income disallowance was impermissible, the Supreme Court condoned delay, both on the ground of delay as well as on merits.

Appeal (Supreme Court) - Special leave petition - Disallowance under section 14A - Expenditure against exempt income--Absence of exempt income

Department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. GVK Project & Technical Services Ltd. [I.T.A. No. 646/2018 & CM Appl. No. 22629/2018, dt. 28-5-2018] : 2018 TaxPub(DT) 8094 (Del-HC), whereby the High Court held that since assessee did not report any exempt income during the year under consideration, AO was not justified in making disallowance under section 14A as in absence of any exempt income disallowance was impermissible. Held: The Supreme Court condoned delay and dismissed the SLP both on the ground of delay as well as on merits.

Affirmed:Pr. CIT v. GVK Project & Technical Services Ltd. [I.T.A. No. 646/2018 & CM Appl. No. 22629/2018, dt. 28-5-2018] : 2018 TaxPub(DT) 8094 (Del-HC)

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