TMI Blog2017 (12) TMI 1749X X X X Extracts X X X X X X X X Extracts X X X X ..... e in relation to the said income. Wherever there is no exempt income includible in the total income of the assessee, the provisions of section 14A cannot be invoked. In the assessee s own case for assessment year 2010-11 and held that when there is no exempt income, provision of section 14A of the Act cannot be applied. In the light of the aforesaid judgment, the provisions of section 14A cannot be invoked as there is no exempt income in the hands of the assessee. Accordingly, we find no infirmity in the order of the CIT(Appeals) who has rightly deleted the addition. - ITA No.2098/Bang/2016 - - - Dated:- 22-12-2017 - Shri Sunil Kumar Yadav, Judicial Member And Shri Inturi Rama Rao, Accountant Member Assessee by : Miss. Girij ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 234B of the IT Act. 9. Without prejudice to the appellant's right of seeking waiver before appropriate authority the appellant begs for consequential relief in the levy of interest u/s. 234B of the Act. 2. During the course of hearing, the ld. counsel for the assessee has invited our attention to the fact that there was no exempt income earned by the assessee during the impugned assessment year. Therefore, the provisions of section 14A cannot be invoked. In support of this contention, he placed reliance upon the judgment of the Hon'ble Delhi High Court in the case of Cheminvest Ltd. v . CIT as reported in 378 ITR 33 (Del) and also the order of the Tribunal in the assessee s own case for assessment year 2010-11. The ld. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the decision of the Special Bench of the Income-tax Appellate Tribunal in this very case, i.e., Cheminvest Ltd. v. CIT [2009] 317 ITR (AT) 86 (Delhi) [SB]. The court also referred to three decisions of different High Courts which have decided the issue against Revenue. The first was the decision in CIT v. Lakhani Marketing Incl. (decision dated April 2, 2014, of the High Court of Punjab and Haryana in I. T. A. No. 970 of 2008)--since reported in [2015] 4 ITR-OL 246 (P H)-- which in turn referred to two earlier decisions of the same court in CIT v. Hero Cycles Ltd. [2010] 323 ITR 518 (P H) and CIT v. Winsome Textile Industries Ltd. [2009] 319 ITR 204 (P H). The second was of the Gujarat High Court in CIT v. Corrtech Energy (P.) Ltd. [20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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