DEN FK CABLE TV NETWORK PRIVATE LIMITED,DELHI vs. ACIT, CIRCLE-7(1), DELHI

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ITA 971/DEL/2023Status: DisposedITAT Delhi17 November 2023AY 2018-19Bench: Dr. B. R. R. Kumar, Accountant Member Ms. Astha Chandra (Judicial Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee had already suo motu disallowed the amount and disclosed it, the disallowance by the Assessing Officer was redundant. Therefore, the appeal of the assessee was allowed.

What were the facts?

The Assessing Officer disallowed an amount of Rs. 260,000 under Section 37(1) based on the Tax Audit Report. However, the assessee had already suo motu disallowed this amount under Section 40(a) and disclosed it in their return of income.

What were the issues?

Whether the disallowance made by the Assessing Officer was justified when the assessee had already suo motu made the same disallowance.

Which sections of the Income-tax Act were involved?

Section 37(1),Section 40(a)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: Dr. B. R. R. KumarMs. Astha Chandra

Hearing: 31.08.2023Pronounced: 17.11.2023

ORDER Per Dr. B. R. R. Kumar:- The present appeal has been filed by assessee against the order of Ld. NFAC/CIT(A), Delhi dated 03.02.2023.

2.

It was submitted before us that an amount of Rs. 260,000/- was disallowed by the Assessing Officer u/s. 37(1) of the Act on the basis of disclosure in the Tax Audit Report even though the same was suo moto disallowed by the appellant u/s. 40(a) of the Act and specifically disclosed the return of income and computation of income. The facts are not in dispute and hence, the appeal of the assessee is hereby allowed.

3.

In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 17/11/2023.

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