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TMI Blog2019 (2) TMI 1677X X X X Extracts X X X X X X X X Extracts X X X X ..... lication dated 22.9.2017 requesting for condonation of delay in filing the appeal. It is pleaded in the application that competent authority i.e. Pr.CIT at the relevant time was holding additional charges of PCIT-1, PCIT-5, PCIT-6 besides holding the charge of CIT(Exemption), therefore, due to tremendous work load, appeal of the Revenue could not be filed within time. The ld.DR submitted that since delay was caused due to the reasons beyond its control, the delay in filing appeal may be condoned. 3. After hearing both the parties, we are of the view that Revenue is prevented by reasonable cause as narrated in their letter dated 22.9.2017. Therefore, we condone the delay of 20 days in filing appeal by the Revenue, and we proceed to adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e did not earn any exempt income during the previous year, and in such cases, provisions of section 14A would not be applicable. Following the decision taken in the Asstt.Year 2013-14, and also relying on large number of authoritative judgments on similar issue, the ld.CIT(A) deleted disallowance made under section 14A. Aggrieved Revenue is now before the Tribunal. 7. Before us, the ld.DR relied upon the order of the AO, while ld.counsel for the assessee relied upon the order of the ld.CIT(A). He also made reference to the decision of Hon'ble Gujarat High Court in the case of CIT Vs. Corretech Energy P.Ltd., 372 ITR 97 (Guj) wherein it is held that if there is no tax free income in the hands of the assessee, then no disallowance under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome which does not form part of the total income under the Act. In the present case, the tribunal has recorded the finding of fact that the assessee did not ijnake any claim for exemption of any income from payment of tax. It was on this basis that the tribunal held that disallowance under section 14A of the Act could not be made. In the process tribunal relied on the decision of Division Bench of Punjab and Haryana High Court in case of CIT v Winsome Textile Industries Ltd. [2009] 319 ITR 204 in which also the Court had observed as under : "7. We do not find any merit in this submission. The judgement of this court in Abhishek Industries Ltd (2006) 286 ITR 1 was on the issue of allowability of interest paid on loans given to sister conc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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