FLYING FABRICATION ,GURGAON vs. ADIT, CPC, BENGALURUR
In the result, the disallowance confirmed by the Appeal Centre is deleted
ITA 1407/DEL/2021[2019-20]Status: DisposedITAT Delhi17 Nov 2021AY 2019-20
Bench: Shri Amit Shukla & Shri Prashant Maharishi
For Appellant: Ms. Swati Talwar, AdvFor Respondent: Shri Mrinal Kumar Das, Sr.D.R
Section 139(1)Section 143(1)Section 143(1)(a)Section 143(3)Section 234ASection 234BSection 234CSection 244ASection 36(1)Section 36(1)(v)
…8. Apart from above, there are series of judgment of Hon’ble Jurisdictional High Court on the same principle, like in the case of CIT vs. PM Electronics Ltd. 171 taxmann. com 1, CIT vs. SPL Industries Ltd. (2011) 9 taxmann.com 195, CIT vs. Dharmendra Sharma, 297 ITR 220. Again following the decision of the Jurisdictional High Court which are based on the principle laid down in the case of Vinay Cement (supra), the co-ordinate Bench have passed series of judgment holding the same proposition that prior to the amendment brought in the statute w.e.f. 01.04.2021, no disallowance can be made that the payment to the e…