DCIT-CC-5(4), Mumbai vs. Raghuleela Estates Pvt Ltd, Mumbai
In the result, all the appeals of the Revenue are dismissed and Cross Objections of the assessee are allowed
ITA 5741/MUM/2024[2016-17]Status: DisposedITAT Mumbai21 May 2025AY 2016-17
Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)
Section 143(3)Section 147Section 148Section 148ASection 24
…perty‟. 27. The ld. CIT(A) has allowed the claim of the assessee relying upon the decision of the Hon‟ble Bombay High Court in the case of CIT vs Runwal Developers (P) Ltd, [2011] 15 taxmann.com 196 (Bombay) and DCIT vs Arham IT Infrastructure (P) Ltd, [2021] 190 ITD 657 (Delhi - Trib.). The CIT(A) observed that the common maintenance charges for which recovery has been made from the occupants has been offered as business income and the short fall of Rs. 1,47,25,623/- reimbursement receipts has not been claimed as a loss but has been disallowed while computing the business income. Hence, the CIT(A) directed the A…