DCIT 13(3)(2), Mumbai vs. Riva Resorts Private Limited, Mumbai
In the result appeal of the Revenue is dismissed
ITA 1343/MUM/2024[2016-17]Status: DisposedITAT Mumbai27 Sept 2024AY 2016-17
Bench: Shri Satbeer Singh Godara & Shri Girish Agrawalassessment Year: 2016-17 Deputy Commissioner Of Income Tax Riva Resorts Pvt. Ltd., – 13(3)(2), A 306, Radhakrishna Vs. Mumbai Apartments, Dahisar S.O., Mumbai – 400068 (Pan : Aadcr2341B) (Appellant) (Respondent) Present For: Assessee : Ms. Gunjan Kakkad & Mr. Fenil Bhat, A.Rs
For Appellant: Ms. Gunjan Kakkad and Mr. Fenil Bhat, A.RsFor Respondent: Smt. Mahita Nair, Sr. DR
Section 143(3)Section 68Section 801DSection 80I
…2016-17 disallowed. Relevant legal precedents were cited to support this argument, including i) Biswas Promotors Pvt. Ltd. u/s ACIT, [2013] 214 taxman 524; ii) CIT v/s Arun Exelo Foundation Put. Ltd., [2013] 212 taxman 342 (Mad.); iii) ITO v/s Paras Builders, 69 SOT 82. Additionally, reference was made to their jurisdictional Hon'ble Jurisdictional High Court in CIT v/s Bramha Associates, 333 ITR 289, where proportionate deduction was allowed even when certain conditions for claiming deduction under section 801B(10) of the Act were not fully met." 8.8 We have given thoughtful considerations to the peculiar facts…