IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘ BENCH ‘ BENCH ‘B’ : NEW DELHI ’ : NEW DELHI ’ : NEW DELHI BEFORE SHRI G.C. GUPTA, VICE BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND PRESIDENT AND PRESIDENT AND SHRIT.S. KAPOOR T.S. KAPOOR T.S. KAPOOR, ACCOUNTANT ACCOUNTANT ACCOUNTANTMEMBER ITA No.4723/Del/2012 Assessment Year : 2009-10

 
FREE EXCERPT

Mumbai: Income Tax Appellate Tribunal has issued the following order: IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘ BENCH ‘ BENCH ‘B’ : NEW DELHI ’ : NEW DELHI ’ : NEW DELHI BEFORE SHRI G.C. GUPTA, VICE BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND PRESIDENT AND PRESIDENT AND SHRIT.S. KAPOOR T.S. KAPOOR T.S. KAPOOR, ACCOUNTANT ACCOUNTANT ACCOUNTANTMEMBER ITA No.4723/Del/2012 Assessment Year : 2009-10 M/s Dalmia (Bros.) Pvt.Ltd., 2nd Floor, Indraprastha Building, Indraprastha Building, 21, Barakhamba Road, 21, Barakhamba Road, New Delhi – New Delhi –110 001. 110 001. 110 001. PAN : AAACD3525G. PAN : AAACD3525G. Vs. Deputy Commissioner of Income Tax, Income Tax, Circle- Circle-10(1), New Delhi. New Delhi. (Appellant) (Respondent) ITA No.4759/Del/2012 Assessment Year : 2009-10 Deputy Commissioner of Income Tax, Income Tax, Circle- Circle-10(1), New Delhi. New Delhi.

Vs. M/s Dalmia (Bros.) Pvt.Ltd., 2nd Floor, Indraprastha Building, Indraprastha Building, 21, Barakhamba Road, 21, Barakhamba Road, New Delhi – New Delhi –110 001. 110 001. 110 001. PAN : AAACD3525G. PAN : AAACD3525G. (Appellant) (Respondent) Assessee by : Shri M.L. Dujari, CA. Revenue by : Smt. Poonam Khaira Sidhu, CIT-DR. Date of hearing : 19.02.2015 19.02.2015 19.02.2015 Date of pronouncement : 04.03.2015 04.03.2015 04.03.2015 ORDER PER G.C. GUPTA, VP PER G.C. GUPTA, VP: These cross appeals by the assessee and the Revenue for the assessment year 2009-10 are directed against the order of learned CIT(A)-XIII, New Delhi dated 18th June, 2012. These are being disposed of by this consolidated order. 2 ITA-4723 & 4759/D/2012 ITA No.4723/Del/2012 – ITA No.4723/Del/2012 –Assessee’s appeal : Assessee’s appeal : Assessee’s appeal :- 2. The only ground of appeal raised by the assessee is as under:- “That the learned Commissioner of Income Tax (Appeals) has erred in confirming the disallowance of rent amounting to Rs.36,69,920/-.” 3. The learned counsel for the assessee submitted that the issue in this ground of appeal is covered in favour of the assessee as similar addition of disallowance of 50% of payment of rent was made in the earlier assessment years 2002-03, 2003-04, 2004-05, 2005-06, 2006- 07, 2007-08 and 2008-09. The CIT(A) partly allowed the issue in favour of the assessee and the disallowance was restricted to the amount of `5 lakhs in each assessment year. Against the said order of the CIT(A), the Revenue as well as assessee filed second appeal before the...

To continue reading

REQUEST YOUR TRIAL