Brahma Center Development Pvt. Ltd., New Delhi vs. Pr. CIT-02, New Delhi
In the result, both the appeals of the assessee are allowed
ITA 4341/DEL/2019[2012-13]Status: DisposedITAT Delhi18 Dec 2019AY 2012-13
Bench: Shri R.K. Panda & Shri K.Narasimha Chary
Section 143(3)Section 144CSection 263
…the ld. AR is that the issue in this matter is a debatable one, inasmuch as subsequent to the decision in the case of M/s. Tuticorin Alkali Chemicals and Fertilizers Ltd. (supra), the Apex Court considered the issue in the case of CIT vs. Bokaro Steels Ltd., 236 ITR 316 (SC) and it is followed in a number of other cases by the Tribunal also. In view of this, it cannot be said that the view taken by the Ld. Assessing Officer is an improbable one. In support of his contentions, the ld. AR placed reliance on the decision in the case of ITO vs. DG Housing Projects Ltd., 343 ITR 329, PCIT vs. Modicare Ltd.in ITA No.…