Framatone Connector O EN Ltd. v. DCIT, Special Rsange-2, Ernakulum

ACIT 1(1), MUMBAI vs. BLUE STAR LTD, MUMBAI

In the result, appeal filed by the learned AO is dismissed and appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Blue Star Ltd. Acit -1(1) Kasturi Building, Room No.579, Mohan T. Advani Chownk, Vs. Aaykar Bhavan, J. Tata Road, Mumbai-400 020 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaacb4487D Blue Star Ltd. Acit -1(1) Kasturi Building, Room No.579, Mohan T. Advani Chownk, Vs. Aaykar Bhavan, J. Tata Road, Mumbai-400 020 Mumbai-400 020 (Appellant) (Respondent)

…sed following grounds of appeal:- “1. "Whether on the facts and in the circumstances of the case, and in law, the Ld. CIT(A) is right in deleting the disallowance of Rs. 24,25,312/- on account of payment to Clubs in the light of Kerala High Court reported in 294 ITR 559 (Ker.) as held that entrance fees paid to Club is capital expenditure ?" 2. "Whether on the facts and in the circumstances of the case, and in law, the Ld. CIT(A) is right in restoring the issue of disallowance of Rs. 8,30,696/- u/s. 14A as per rule 8D to the Assessing Officer's file and directing that disallowance to be as per immediate precedi…

BLUE STAR LTD,MUMBAI vs. ADDL CIT RG 1(1), MUMBAI

In the result, appeal filed by the learned AO is dismissed and appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Blue Star Ltd. Acit -1(1) Kasturi Building, Room No.579, Mohan T. Advani Chownk, Vs. Aaykar Bhavan, J. Tata Road, Mumbai-400 020 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaacb4487D Blue Star Ltd. Acit -1(1) Kasturi Building, Room No.579, Mohan T. Advani Chownk, Vs. Aaykar Bhavan, J. Tata Road, Mumbai-400 020 Mumbai-400 020 (Appellant) (Respondent)

…sed following grounds of appeal:- “1. "Whether on the facts and in the circumstances of the case, and in law, the Ld. CIT(A) is right in deleting the disallowance of Rs. 24,25,312/- on account of payment to Clubs in the light of Kerala High Court reported in 294 ITR 559 (Ker.) as held that entrance fees paid to Club is capital expenditure ?" 2. "Whether on the facts and in the circumstances of the case, and in law, the Ld. CIT(A) is right in restoring the issue of disallowance of Rs. 8,30,696/- u/s. 14A as per rule 8D to the Assessing Officer's file and directing that disallowance to be as per immediate precedi…

IL & FS TRANSPORTATION NETWORKS LTD.,MUMBAI vs. ADDL.CIT-14(2) (EARLIER ADDL.CIT ,RG. 10(1)), MUMBAI

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodita Nos.2927 & 2928/Mum/2018 (Assessment Years: 2010-11 & 2011-12) Il & Fs Transportation Networks Addl. Commissioner Of Limited, The Il & Fs Financial Income-Tax, Range -14(2), Center, Plot No.C-22, Room No. [Earlier Addl. Commissioner Of Income-Tax Vs. Range-10(1), Mumbai] 460, 4Th Floor, G Block, Bandra- Aaykar Bhavan, Maharshi Karve Kurla Complex, Bandra (E), Road, Marine Lines, Mumbai – 400 051 Mumbai – 400 020 Pan – Aabcc5460A (Appellant) (Respondent)

…nities, benefits and facilities provided therein, it was, thus, not allowable as a business expenditure. Apart from that, we find that the A.O drawing support from a judgement of the Hon‟ble High Court of Kerala in Framatone Connector Oen Ltd. Vs. DCIT (2007) 294 ITR 559 (Ker), had also opined, that as aforesaid expenditure was in the nature of a capital expenditure, therefore, the same resulting in an enduring benefit was not to be allowed as a deduction. On appeal, the CIT(A) observed that as the A.O had without examining as to whether or not the aforesaid expenses were incurred by the assessee wholly and exclu…