CIT v. AIMIL Ltd.

Tdi Infracorp (India) Ltd., New Delhi vs. ADIT, CPC, Bengaluru

The appeal of the assessee is dismissed

Bench: Dr. B.R.R. Kumar & Sh. Sudhir Kumarassessment Year: 2020-21 Tdi Infracorp (India) Ltd. Vs. Adit Upper Ground Floor 11, Cpc Bengaluru Tolstoy Marg, Connaught Vandana Building Place, Connaught Place, Delhi-110001 Pan No.Aacct41228 (Appellant) (Respondent) Appellant By Sh. Tarandeep Singh Ca Respondent By Sh. Amit Katoch Sr Dr Date Of Hearing: 25/07/2024 Date Of Pronouncement: 06/08/2024

…paid before the due date. The action of learned AO is illegal & bad in law as this expenditure is allowable if it is paid before the due date of filling of income tax return as held in Hon'ble Delhi High Court in ITA No. 1063/2008 in case of CIT vs. AIMIL Ltd 321 ITR 508. This amount was paid before the due date of filling of income tax return. 3. That the appellant craves leave to add, amend, modify or alter the grounds of appeal. 3. The brief fact of the case is that the assessee has filed its return of income for the concerned year under consideration of Rs.5,00,81,200/-. The CPC has made the disallowance at…

Tdi Infrastructure Limited, Delhi vs. ADIT CPC, Bengaluru

The appeal of the assessee is dismissed

Bench: Dr. B.R.R. Kumar & Sh. Sudhir Kumarassessment Year: 2020-21 Tdi Infrastructure Vs. Adit Limited D-92 Ground Floor Cpc Bengaluru Lajpat Nagar -1Delhi Pan No.Aaaci5799P (Appellant) (Respondent) Appellant By Sh. Tarandeep Singh Ca Respondent By Sh. Amit Katoch Sr Dr Date Of Hearing: 25/07/2024 Date Of Pronouncement: 06/08/2024

…paid before the due date. The action of learned AO is illegal & bad in law as this expenditure is allowable if it is paid before the due date of filling of income tax return as held in Hon'ble Delhi High Court in ITA No. 1063/2008 in case of CIT vs. AIMIL Ltd 321 ITR 508. This amount was paid before the due date of filling of income tax return. 3. That the appellant craves leave to add, amend, modify or alter the grounds of appeal. 3. The brief fact of the case is that the assessee has filed its return of income for the concerned year under consideration of Rs.4,68,57,480/. The CPC has made the disallowance at…

Tdi Infratech Limited, Delhi vs. ACIT Central Circle-27, Delhi

The appeal of the assessee is dismissed

Bench: Dr. B.R.R. Kumar & Sh. Sudhir Kumarassessment Year: 2019-20 Tdi Infratech Limited 10 Vs. Acit Shaheed Bhagat Singh Central Circle -27 Marg, New Delhi-110001 Delhi Pan No.Aabct3582A (Appellant) (Respondent) Appellant By Sh. Tarandeep Singh Ca Respondent By Sh. Amit Katoch Sr Dr Date Of Hearing: 25/07/2024 Date Of Pronouncement: 06/08/2024

…paying them within the prescribed time limit. He has further submitted that assessee has paid the dues before the due date of filling the return of income. The reliance has placed on the judgment of the Hon'ble Delhi High Court in the case of CIT vs AIMIL Ltd 321 ITR 508. In support of his contention, he has filed a Paper book containing pages 1 to 70 in which he has attached the copy of chart depicting dates on which salary is paid, copy of tax Audit report, and copies of orders of various appeals, passed by Hon’ble ITAT. Reliance has placed on the following order of the of the Hon’ble ITAT; (i) ITA no 2376/mum/…

Pr Commissioner of Income Tax Central II vs. M/S Gaursons Realty Pvt Ltd

…$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 35/2024, CM No.2316/2024 PR COMMISSIONER OF INCOME TAX CENTRAL II ..... Appellant Through: Mr. Zoheb Hossain, Sr. Standing Counsel and Mr. Sanjeev Menon, Jr. Standing Counsel versus M/S GAURSONS REALTY PVT LTD ..... Respondent Through: Mr. S. Krishnan, Adv. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.01.2024 1. Upon a reading of the order passed by Income Tax Appellate Tribunal [“Tribunal”] and on hearing learned counsels for parties, we note that questions (a) to (i) as proposed in the instant appeal a…

Akriti Jewelcraftz (P) Ltd., Delhi vs. ACIT, Circle-1(1), New Delhi

In the result, the appeal of the assessee is dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2020-21 Akriti Jewelcraftz (P) Ltd., Vs Acit, B-7/107A, Flat No.002, Gf, Circle-1(1), Safdarjung Enclave Extension, New Delhi. New Delhi – 110 029. Pan: Aakca8307K (Appellant) (Respondent) Assessee By : Shri Ajay Singh, Ca Revenue By : Shri R.K. Meena, Sr. Dr Date Of Hearing : 07.12.2023 Date Of Pronouncement : 14.12.2023 Order Per Anubhav Sharma, Jm: This Is Appeal Preferred By The Assessee Against The Order Dated 08.12.2022 Of The National Faceless Appeal Centre (Nfac) (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘Ld. Faa’ For Short) Arising Out Of The Order Dated 23.12.2021 Passed U/S. 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Cpc, Bengaluru (Hereinafter Referred To As The Ld. Ao). 2. The Assessee Is Engaged In The Business Of Manufacturing Articles & Things Of Customized Nature From Precious & Semi-Precious Stones & Other Articles Under The Name & Style Of Akriti Jewelcraftz Private Limited. During The Year Under Consideration, The Appellant Has Filed The Return Of Income Declaring Total Income At Inr 74,28,280/-. The Said Return Of Income Filed By The Appellant Was Processed By The Asst. Director Of Income Tax, Centralized Processing Centre ("Ao") Under Section 143(1) Of The Act At An Income Of Inr 80,05,630/- By Disallowing Inr 5,77,345/- U/S 36(L)(Va) Of The Act On Account Of Delayed Payment Of Employees' Contribution To Pf & Esi. The Appellant Filed The Appeal To Hon'Ble Cit(A) Against The Order U/S 143(1) Of The Act.

…before the due date of filing the return u/s 139(1) of the Act. b) In not appreciating the decision of Hon'ble Supreme court in case of CIT vs. Vinay Cement Ltd. [2007] (213 CTR 268) (SC) and Hon'ble High Court of Delhi in the case of CIT Vs. AIMIL Limited (321 ITR 508) wherein the similar issue of delay in deposit of employees' contribution to PF/ESI etc. has been decided in favour of the assessee. 3. The Hon'ble CIT(Appeal) erred in not appreciating the facts and law that amendments in section 36(1)(va) as well as Section 43B of the Act vide Finance Act, 2021 is applicable from 01-04-2021 onwards i.e., prospe…

DCIT, Circle- 27(1), New Delhi vs. Ufo Moviez India Ltd., New Delhi

The appeal of the Revenue is dismissed and that of the assessee is allowed

Bench: Shri N.K.Billaiya & Shri Anubhav Sharmadcit, Vs. Ufo Moviez India Ltd. Circle-27(1), 1-B, Sagar Apartments, New Delhi 6, Tilak Marg, New Delhi-110001 Pan : Aabcv8900E Ufo Moviez India Ltd. Vs. Dcit, 1-B, Sagar Apartments, Circle-27(1), 6, Tilak Marg, New Delhi New Delhi-110001 Pan : Aabcv8900E (Appellants) (Respondents) Appellant By : Shri Vishal Kalra, Adv., Shri Ankit Sahni, Adv. & Shri Yishu Goel, Ar Revenue By : Shri Vivek Kumar Upadhyay, Sr. Dr Date Of Hearing: 13.09.2023 Date Of Pronouncement: 11.12.2023 Order

…herefore, making a disallowance u/s 36(1)(va) of the Act. The addition was made of Rs. 13,70,275/- which has ITA No.1943/Del/2018 4 been deleted by Ld. CIT(A) on the basis of judgment of Hon’ble Delhi High Court in the case of CIT vs. Aimil Ltd., reported at 321 ITR 508 (Delhi). 2.3 The third addition Ld. AO made was on the basis of information available in form 3CD that there were certain prior period expenses on account of advertisements, business promotion expenses which have been debited to P & L Account during the year. Thus, the disallowance of Rs. 197175/- was made. The same was not challenged before Ld.…

Ufo Moviez India Ltd., Mumbai vs. Addl.CIT-27(1), New Delhi

The appeal of the Revenue is dismissed and that of the assessee is allowed

Bench: Shri N.K.Billaiya & Shri Anubhav Sharmadcit, Vs. Ufo Moviez India Ltd. Circle-27(1), 1-B, Sagar Apartments, New Delhi 6, Tilak Marg, New Delhi-110001 Pan : Aabcv8900E Ufo Moviez India Ltd. Vs. Dcit, 1-B, Sagar Apartments, Circle-27(1), 6, Tilak Marg, New Delhi New Delhi-110001 Pan : Aabcv8900E (Appellants) (Respondents) Appellant By : Shri Vishal Kalra, Adv., Shri Ankit Sahni, Adv. & Shri Yishu Goel, Ar Revenue By : Shri Vivek Kumar Upadhyay, Sr. Dr Date Of Hearing: 13.09.2023 Date Of Pronouncement: 11.12.2023 Order

…herefore, making a disallowance u/s 36(1)(va) of the Act. The addition was made of Rs. 13,70,275/- which has ITA No.1943/Del/2018 4 been deleted by Ld. CIT(A) on the basis of judgment of Hon’ble Delhi High Court in the case of CIT vs. Aimil Ltd., reported at 321 ITR 508 (Delhi). 2.3 The third addition Ld. AO made was on the basis of information available in form 3CD that there were certain prior period expenses on account of advertisements, business promotion expenses which have been debited to P & L Account during the year. Thus, the disallowance of Rs. 197175/- was made. The same was not challenged before Ld.…

Bhim Singh, Gurgon vs. DCIT, Circle-1, Gurgaon

In the result, both the appeals of the assessee are dismissed

Bench: Shri G. S. Pannu, Hon’Ble Vice-A N D Shri Challa Nagendra Prasad

…I.T.A. Nos. 2978 & 2979/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “A” : DELHI ] BEFORE SHRI G. S. PANNU, HON’BLE VICE-PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A Nos. 2978 & 2979/Del/2022 िनधा"रणवष"/Assessment Years: 2018-19 & 2019-20 Bhim Singh, CIT, बनाम C-80, Behind Sector : 9 Circle : 1, Vs. Petrol Pump, Surya Vihar, Gurgaon. Gurgaon, Haryana. PAN No. AQIPS0773Q अपीलाथ" / Appellant ""यथ"/ Respondent िनधा"रतीक"ओरसे /Assessee by : Shri Anuj Tiwari, C. A. राज"वक"ओरसे / Department by Shri Kanv Bali, : Sr. D. R. 21/11/2023 सुनवाईक"तारीख/ Date of hearing : 29/11…

Bhim Singh, Gurgaon vs. DCIT, Circle-1, Gurgon

In the result, both the appeals of the assessee are dismissed

Bench: Shri G. S. Pannu, Hon’Ble Vice-A N D Shri Challa Nagendra Prasad

…I.T.A. Nos. 2978 & 2979/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “A” : DELHI ] BEFORE SHRI G. S. PANNU, HON’BLE VICE-PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A Nos. 2978 & 2979/Del/2022 िनधा"रणवष"/Assessment Years: 2018-19 & 2019-20 Bhim Singh, CIT, बनाम C-80, Behind Sector : 9 Circle : 1, Vs. Petrol Pump, Surya Vihar, Gurgaon. Gurgaon, Haryana. PAN No. AQIPS0773Q अपीलाथ" / Appellant ""यथ"/ Respondent िनधा"रतीक"ओरसे /Assessee by : Shri Anuj Tiwari, C. A. राज"वक"ओरसे / Department by Shri Kanv Bali, : Sr. D. R. 21/11/2023 सुनवाईक"तारीख/ Date of hearing : 29/11…