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TMI Blog2019 (2) TMI 1332X X X X Extracts X X X X X X X X Extracts X X X X ..... eris” is applicable in the instant case - HELD THAT:- Registry is directed to communicate a copy of this order to the Tribunal. This would enable the Tribunal to keep the papers and proceedings relating to the present appeal available, to be produced when sought for by the Court. Learned Counsel appearing for the respondent waives service. Addition u/s 14A r.w.r. 8D - HELD THAT:- Question as im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case and in law, the Tribunal is not justified in holding that the distribution network, material supply contract and brand use are eligible for depreciation, it has failed to specify any reason as to how it falls within the clause any other business or commercial rights of a similar nature of Section 32(1)(ii) and as to how the doctrine of ejusdem generis is applicable in the instant case ? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee for earning exempt income. The Tribunal by the judgment which is impugned in this appeal held that the assessee had not earned any exempt income during the year under consideration. The Tribunal, therefore, followed the decision of Delhi High Court in case of CIT Vs. Holcim India (Pvt.) Ltd. (2014) 272 CTR 282 . In such decision, the Delhi High Court ruled that when there is no exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court followed decisions of certain other High Courts. Section 14A of the said Act provides that for the purpose of computing the total income, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the said Act. In other words, Section 14A provides that if there is an income which does not form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tantial question of law arises. Appeal is, accordingly, dismissed. 6. Counsel for the assessee also brought to our notice the fact that the Supreme Court in case of CIT Vs. Chettinad Logistics (P) Ltd. 95 taxmann.com 250 has dismissed the Revenue's SLP against the judgment of the Delhi High Court in Holcim India (P) Ltd. (supra), taking a similar view. This additional question is, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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