ACIT, CENTRAL CIRCLE-1(1), HYDERABAD, HYDERABAD vs. NCC LIMITED, HYDERABAD, HYDERABAD

ITA 79/HYD/2017Status: DisposedITAT Hyderabad31 January 2024AY 2010-11Bench: Shri R.K. Panda (Vice President), Shri Laliet Kumar (Judicial Member)65 pages
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What did the Tribunal hold?

The Tribunal held that a portion of the payment made by the assessee to the sub-contractor, identified as commission for illegal gratification, was to be sustained. However, another portion of the payment, related to extra quantities and departmental expenditure, was deleted.

What were the facts?

The Income Tax Appellate Tribunal heard appeals concerning alleged inadmissible expenditures and reimbursements made by Nagarjuna Construction Company Ltd. to a sub-contractor, M/s. M. K. Constructions.

What were the issues?

The key issue was whether the payments reimbursed by the assessee to its sub-contractor constituted inadmissible expenditure, specifically concerning alleged illegal payments and extra quantities.

Which sections of the Income-tax Act were involved?

Section 37

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Income Tax Appellate Tribunal, Hyderabad ‘B‘ Bench, Hyderabad

Before: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &
For Respondent: Shri K. Madhusudan, CIT(DR)
Hearing: 03/01/2024Pronounced: 31/01/2024

PER BENCH: The above seven appeals are filed by both the assessee and the Revenue. ITA Nos.73 to 75/Hyd/2017 filed by the assessee are directed against the separate orders dated 29.08.2016 of the learned CIT (A)-11, Hyderabad relating to A.Ys.2008-09 to 2010-11 and ITA Nos.77 to 80/Hyd/2017 filed by the Revenue are directed against the separate order

The order continues below.

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