Dy CIT, CC- 7(3), Mumbai vs. M/S. Macrotech Developer Ltd.(Since Lodha Estae P. Ltd. Merged With Macrotech Developers Ltd.), Mumbai
ITA 1658/MUM/2020[2015-16]Status: DisposedITAT Mumbai11 Oct 2021AY 2015-16
Bench: Shri Pramod Kumar () & Shri Ravish Sood () Deputy Commissioner Of Income- M/S Macrotech Developer Ltd. Tax Cc-7(3), Room No. 655, Vs. (Since Lodha Estate Pvt. Ltd. Merged With Macrotech Developer Ltd.), Aaykar Bhawan, M.K Road, 412, 17G, Vardhman Chamber, Mumbai – 400 020 Cawasji Patel Marg, Fort, Mumbai – 400 001. Pan No. Aaacl1723E (Revenue) (Assessee) Assessee By : Shri Niraj Sheth, A.R Revenue By : Shri. Rahul Raman, Cit D.R Date Of Hearing: 05/10/2021 Date Of Pronouncement: 11/10/2021 Order Per Ravish Sood, J.M: The Captioned Appeal Filed By The Revenue Is Directed Against The Order Passed By The Cit(A)-49, Mumbai, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Income-Tax Act, 1961 (For Short „Act‟) Dated 29.12.2017 For A.Y 2015-16. The Revenue Has Assailed The Order Of The Cit(A) On The Following Effective Grounds Before Us : “1. Whether On The Facts & The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 5,26,52,120/- Made By The Assessing Officer U/S 36(1)(Iii) Of The I.T Act. 2. Whether On The Facts & The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 2,02,86,452/- Towards Sales Promotion Expense & Rs. 6,68,13,114/- On Account Of Advertisement Expenses Made By The Assessing Officer By Capitalizing The Same To The Work-In-Progress.” 2. Briefly Stated, The Assessee Company That Was Merged With M/S Lodha Developers Limited (Now Known As Macrotech Developers Limited) Is Engaged In The Business Of Construction & Development Of Real Estate. Return Of Income For A.Y 2015-16 Was E-Filed By The Assessee On 31.08.2015, Declaring A Loss
For Appellant: Shri Niraj Sheth, A.RFor Respondent: Shri. Rahul Raman, CIT D.R
Section 143(3)Section 36(1)(iii)
…ITA No. 1658/Mum/2020 – A.Y 2015-16 1 Dy. CIT Vs. M/s Macrotech Developer Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B” MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) Deputy Commissioner of Income- M/s Macrotech Developer Ltd. tax CC-7(3), Room No. 655, Vs. (Since Lodha Estate Pvt. Ltd. merged with Macrotech Developer Ltd.), Aaykar Bhawan, M.K Road, 412, 17G, Vardhman Chamber, Mumbai – 400 020 Cawasji Patel Marg, Fort, Mumbai – 400 001. PAN No. AAACL1723E (Revenue) (Assessee) Assessee by : Shri Niraj Sheth, A.R Revenue by : Shri. Rahul Raman, CIT D.R Date o…