JUDGMENT

Rajiv Shakdher, J. (Oral)

CM No.24778/2023[Application filed on behalf of the appellant seeking condonation of delay of 60 days in re-filing the appeal]

1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.

1.1. According to the appellant/revenue, there is a delay of 60 days.

2. Ms Ananya Kapoor, who appears on behalf of the respondent/assessee, says that she does not oppose the prayer made in the application.

3. Accordingly, the delay is condoned.

4. The application is disposed of, in the aforesaid terms.

CM No.24777/2023

5. Allowed, subject to just exceptions.

ITA 272/2023

6. This appeal concerns Assessment Year (AY) 2017-18.

7. The appellant seeks to assail the order dated 30.08.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].

8. The only issue which arises for consideration is: whether the Tribunal was right in deleting the disallowance amounting to Rs.3,24,69,741/- under Section 14A of the Income Tax Act, 1961 [in short, "Act"] given the fact that the respondent/assessee had not earned any exempt income.

9. This issue stands covered by the following decisions:

(i) Cheminvest