M/S.L.G Petrochemicals Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore
In the result, the disallowance u/s 40(a)(i) of the I
ITA 1957/BANG/2016[2012-13]Status: DisposedITAT Bangalore18 Mar 2022AY 2012-13
Bench: Shri George George K, Jm & Ms.Padmavathy S, Am
For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I
…herefore, the ruling of the Hon’ble Apex Court in the case of T.V.Sundaram Iyengar & Sons (supra) is not applicable to the facts of the instant case. The assessee has placed reliance on the order of the Delhi Tribunal in DCIT v. CNB Finwiz Limited reported in 159 TTJ 196, which is specifically dealing with the forfeiture of the application money received on account of share warrant. It was held by the Tribunal that the same is not taxable considering the basic nature of receipt, which is on capital account. Similar view was held by the Mumbai Tribunal in the case of M/s.Graviss Hospitality Limited v. DCIT in ITA…