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2019 (2) TMI 1745 - HC - Income TaxDisallowance under Section 14A - HELD THAT - Assessee engages itself in the business of IT enabled services in the medical sector. The AO had brought to tax certain amounts by applying disallowance u/s 14A. This was deleted by the impugned order which noticed that in fact no tax exempted income was earned during the assessment year A.Y.2011-12. Since Cheminvest Ltd. vs. CIT 2015 (9) TMI 238 - DELHI HIGH COURT prevails no substantial question of law arises on this ground. Interest on receivables beyond the contractual credit period - HELD THAT - Interest income attributable on delayed receipts beyond contractually agreed period i.e. ninety days. The Tribunal took note of the decisions of this Court in Avenue Asia Advisors Pvt. Ltd. vs. DCIT 2017 (9) TMI 1295 - DELHI HIGH COURT and Kusum Healthcare Pvt. Ltd. vs. ACIT 2017 (9) TMI 1295 - DELHI HIGH COURT and has remitted the matter for factual analysis especially with respect to the question whether the assessee was debt free at the relevant point of time. In these circumstances no question of law arises. TP Adjustment - Selection of comparable - first comparable excluded by ITAT s order i.e. Accentia Technologies Ltd. was excluded on the basis that the company was functionally dissimilar and that the segmental data for the assessment year with regard to the comparable segment was not available. The second comparable directed to be excluded i.e. TCS E-Serve Ltd. was on the ground that the concern provided high end online software solutions unlike the assessee which provided internet based medical health related services. The real services therefore were entirely dissimilar. We are of the opinion that this aspect is not a question of law rather a factual one and does not call for any interference.
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