ACIT, CIRCLE 16(1), DELHI vs. MINERALS MANAGEMENT SERVICES INDIA PVT. LTD , DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal
Per Satbeer Singh Godara, Judicial Member:
This Revenue’s appeal for Assessment Year 2018-19, arises against the CIT(A)/NFAC,
Delhi’s
DIN
&
order
No.
ITBA/NFAC/S/250/2023-24/1058271952(1) dated
28.11.2023, in proceedings u/s 143(3) of the Income Tax Act, 1961. 2. Heard both the parties at length. Case file perused.
The Revenue raises the following substantive grounds in the instant appeal:
”1. Whether on the facts and circumstances of the case, the ld. CIT(A) was right in deleting the addition on account of under reporting of rental income amounting to Rs.2,10,25,610/- made by the AO?
Minerals Management Services India Pvt. Ltd.
2
2. Whether on the facts and circumstances of the case, the ld. CIT(A) was right in deleting the disallowance of interest charges claimed as deduction amounting to Rs.4,53,597/- without appreciating the fact that the assessee failed to clarify that whether the internet facility was used for solely and entirely for the business’s operations or not?
Whether on the facts and circumstances of the case, the ld. CIT(A) was right in deleting the disallowances of legal & professional charges amounting to Rs.8,77,712/- without appreciating the fact that the assessee failed to provide documentary evidences in support of legal & professional charges to the extent of Rs.1,34,444/- and regarding to the prior period expenses on account of legal & professional charges of Rs.7,42,668/-?”
We advert to the first and foremost issue herein as the Revenue seeks to revive the Assessing Officer’s action alleging under reporting of rental income amounting to Rs.2,10,25,610/- at the assessee’s behest which stands deleted in the CIT(A)’s lower appellate discussion reading as under:
“5.4 During the course of the appeal proceedings, the Appellant company contended that it had entered into a lease agreement on 11/12/2017 with the lessee (Sh.
Navin Jindal) vide registration no. 15032 in Book No. 1,
Volume No. 6549 on pages 58-65 in the office of the Sub-