Addl. CIT, Special Range-7, New Delhi vs. Rites Ltd., New Delhi
In the result, the appeal filed by the Revenue is dismissed
ITA 7319/DEL/2018[2015-16]Status: DisposedITAT Delhi14 Dec 2021AY 2015-16
Bench: Shri R.K. Panda & Shri Kuldip Singh, Member Assessment Year: 2015-16 Addl. Cit, Vs. Rites Ltd., Special Range-7, Scope Building, New Delhi. Scope Minar, Laxmi Nagar, New Delhi. Pan : Aaacr0830Q (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Advocate Revenue By : Shri Atiq Ahmed, Sr. Dr Date Of Hearing : 27.10.2021 Date Of Pronouncement : 14.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 23Rd August, 2018 Of The Cit(A)-38, New Delhi, Relating To Assessment Year 2015- 16. 2. Ground Of Appeal No.1 By The Revenue Reads As Under:- “1. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law In Deleting Disallowance Of Rs. 1,17,21,750/- U/S 14A Read With Rule 8D Ignoring The Mandatory Provision Of Rule 8D.”
For Appellant: Shri R.S. Singhvi, AdvocateFor Respondent: Shri Atiq Ahmed, Sr. DR
Section 10(34)Section 14Section 14ASection 14A(2)
…record. We find, the ld.CIT(A) while deleting the disallowance has held that the club expenses are towards membership fees and permissible business deduction. We find, the Hon’ble Madras High Court in the case of CIT vs. Sundaram Industries Ltd., reported in 240 ITR 335, has held that expenditure incurred by the assessee towards subscription of the club is an allowable expenditure. Hon’ble Supreme Court in the case of CIT vs. United Glass Mfg. Co., reported in 28 taxmann.com 429 (SC) has held as under:- " 3.3 As far as Question No. 1 is concerned, the issue is answered in favour of the assessee in the order pass…