TMI Blog2016 (2) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... been earned during year. In view of this, we think it proper to send the case back to the file of the Assessing Officer. If there is no tax free income during the year, the Assessing Officer is directed not to make disallowance under section 14A of the Act. Otherwise, he has to decide the case as per law. - Decided in favour of assessee. - ITA No.74/Chd/2015 - - - Dated:- 10-2-2016 - Shri H.L.Karwa And Ms. Rano Jain, JJ. Appellant by: Shri Parikshit Aggarwal Respondent by: Shri Manjit Singh, DR ORDER Rano Jain, The appeal filed by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-1, Chandigarh dated 16.12.2014 for assessment year 2010-11. The appeal before the CIT (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd I.T.A.T., Chandigarh Bench in the case of M/s Chadha Super Cars (P) Ltd. in ITA No.1241/Chd/2011 ITA No.36/Chd/2012. 4. Aggrieved by the same, the assessee has come in appeal before us, raising the following grounds of appeal : 1. On the facts and in the circumstances of the case and in law, the Worthy CIT(A) in Appeal No. 6-13-14 has erred in passing that order in contravention of the provisions of Section250(6)of the Income Tax Act, 1961. 2. That on the facts and circumstances of the case, the Worthy CIT(A) has erred in confirming an addition of ₹ 23,12,772/- u/s 14A r.w.r. 8D of the Income Tax Rules, 1962 even when no exempt income was earned or claimed by the appellant and the investment in relevant shares was made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the learned D.R. during the course of hearing before us has controverted this fact. In this factual situation, the I.T.A.T., Chandigarh Bench in M/s BCL Industries Infrastructures Ltd. (supra) held as under : 6. We have heard the learned representatives of both the parties, perused the findings of the authorities below and considered the material available on record. The claim of the assessee is that it has not earned any tax free income during the year. In the event of no tax free income, disallowance of expenses attributable to any such income anticipated to arise in future cannot be made. For this, we are guided by the judgment of Hon'ble Jurisdictional Punjab Haryana High Court in the case of Lakhani Marketing Incl (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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