Housing Development & Infrastructure Ltd, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle 5(4), Mumbai
In the result, appeal of the assessee is partly allowed as indicated above
ITA 5986/MUM/2017[2013-14]Status: DisposedITAT Mumbai10 Sept 2018AY 2013-14
Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble
For Appellant: Shri Dr. K. ShivaramFor Respondent: Shri Anadi Varma
Section 115JSection 143(3)Section 263Section 80
…business and the same was encashed by invoking the bank guarantee for not fulfilling the terms of the contract and placing reliance on the decision in the case of CIT v. Neo Structo Construction Ltd. [37 taxmann.com 57 (Guj)], CIT v. Ragalia Apparels P. Ltd. [352 ITR 71] and Asia Power Project P. Ltd. v. Dy. CIT [370 ITR 257]. It is submitted that encashment of bank guarantee is business expenditure. 59. Ld. DR strongly supported the orders of the authorities below. 60. We have heard the rival submissions perused the orders of the authorities below and the case laws relied on. It is not in dispute that MIAL had…