IHHR HOSPITALITY PVT. LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 04, NEW DELHI
In the result, the appeal of the assessee is partly allowed
ITA 3109/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Jun 2024AY 2014-15
Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usm/S. Ihhr Hospitality Pvt. Ltd., Vs. Addl. Cit, 32/7, Samalka, Nh 8, Range – 04, New Delhi – 110 037. New Delhi. (Pan : Aaaci9385B) (Appellant) (Respondent) Assessee By : Shri Ranjan Chopra, Ca Revenue By : Shri Javed Akhtar, Cit Dr Date Of Hearing : 30.05.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-35, New Delhi Dated 13.02.2018 For The Assessment Year 2014-15. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That The Revenue Has Erred In Law & On Facts In Making Disallowance Of ‘Project Pending Capitalization Written Off’ Expenses, Amounting To Rs.7,71,40,000/- & Treating These Expenses To Be Of Capital Nature. 2. That The Revenue Has Erred In Law & On Facts In Disallowing Interest Of Rs.5,40,62,940/- U/S 36(1)(Iii) Of The Income Tax Act, 1961. (Revised Ground). 3. That The Revenue Has Erred In Law & On Facts In Disallowing A Sum Of Rs.9,61,305/- On Account Of Claim Of Roc Fee Under Section 35D Of The Income Tax Act, 1961. 2 .”
For Appellant: Shri Ranjan Chopra, CAFor Respondent: Shri Javed Akhtar, CIT DR
Section 35DSection 36(1)(iii)
35D of the Income Tax Act, 1961. 2
.”
3. Ground No.3 is not pressed, hence dismissed as not pressed.
4. As regards Ground No.1 i.e. disallowance of project pending capitalization written off expenses amounting to Rs.7,71,40,000/- and treating these expenses to be of capital nature, during the relevant assessment year, the assessee company has written off project