ITO WARD 4(3), NEW DELHI vs. BELLANCA BUILDERS & DEVELOERS PVT. LTD, NEW DELHI
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Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: SH. C. M. GARG & SH. N.K. BILLAIYA
PER N.K. BILLAIYA, AM:
This appeal by the revenue is preferred against the order of the CIT(A)-2, New Delhi dated 30.01.2019 pertaining to A.Y.2015- 16. 2. The grievance of the revenue read as under :-
“1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) is legally justified in considering the capital expenditure as business expenditure and allowing it for setoff against income from other sources. 2. The appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal.”
A perusal of the form No.36 show that the revenue itself has mentioned the tax effect relating to each ground of appeal at Rs.22,49,145/-. This clearly shows that the appeal has to be dismissed in the light of the CBDT Circular No. 17 of 2019 dated 08.08.2019. The appeal is accordingly dismissed. 4. Decision announced in the open court on 30.11.2022.
Sd/- Sd/- (C.M. GARG) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .11.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI