ACIT, New Delhi v. M/s. Gopal Das Estate & Housing P. Ltd., New Delhi

ITA 5484/DEL/2011 | 2008-2009
Pronouncement Date: 13-02-2012 | Result: Dismissed

Appeal Details

RSA Number 548420114 RSA 2011
Assessee PAN AAACG0072F
Bench Delhi
Appeal Number ITA 5484/DEL/2011
Duration Of Justice 2 month(s) 5 day(s)
Appellant ACIT, New Delhi
Respondent M/s. Gopal Das Estate & Housing P. Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 13-02-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 13-02-2012
Date Of Final Hearing 13-02-2012
Next Hearing Date 13-02-2012
Assessment Year 2008-2009
Appeal Filed On 08-12-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI R.P. TOLANI AND SHRI A.N. PAHUJA ITA NOS. 5484 & 5485/DEL/2011 ASSTT. YRS: 2008-09 & 2009-10 ACIT CIR. 12(1) VS. M/S GOPAL DAS ESTATE & HOUS ING P. LTD. NEW DELHI. 16 TH FLOOR DR. GOPAL DASS BHAWAN 28 BARAKHAMBA ROAD NEW DELHI-110001. PAN/GIR NO. AAACG0072F (APPELLANT) ( RESPONDENT ) APPELLANT BY : MS. RENUKA JAIN GUPTA SR. DR RESPONDENT BY : SHRI K. SAMPATH ADV. & SH. V. RAJ KUMAR ADV. O R D E R PER R.P. TOLANI J.M : THESE ARE REVENUES APPEALS AGAINST SEPARATE ORDE RS OF CIT(A) RELATING TO A.Y. 2008-09 & 2009-10. GROUNDS OF APPE AL BEING COMMON EXCEPTING QUANTUM BOTH THE APPEALS ARE HEARD TOGET HER AND BEING DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVE NIENCE. 2. COMMON GROUNDS ARE AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING DISALLOWANCE OF RS . 4 67 515/- (A.Y. 2008-09) & 11 05 519/- (A.Y. 2009-10) MADE BY THE AO ON ACCOUNT OF BANK GUARANTEE CHARGES. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW THE LD. CIT(A) HAS ERRED IN DELETING DISALLOWANCE OF RS . 33 74 215/- (A.Y. 2008-09) & RS. 89 46 871/- (A.Y. 2009-10) MA DE BY THE AO ON ACCOUNT OF COMPENSATION PAID TO ALLOTTEES OF FLAT WHO HAVE SURRENDERED THEIR RIGHTS. 2.1. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUT SE T CONTENDS THAT BOTH THE ISSUE IN QUESTION ARE COVERED IN FAVOUR OF THE ASSE SSEE BY THE ORDER OF ITAT 2 DELHI BENCH C DATED 21-1-2011 RENDERED IN ITA NO . 4665/DEL/10 IN ASSESSEES OWN CASE FOR A.Y. 2007-08 WHICH IN TURN RELIED ON EARLIER ORDER OF ITAT IN ASSESSEES OWN CASE FOR A.Y. 2006-07. LD . COUNSEL SUBMITTED THAT THERE BEING NO CHANGE IN FACTS THE ISSUES FOR THE ASSESSMENT YEARS IN QUESTION ARE TO BE DECIDED IN FAVOUR OF THE ASSESSE E. 3. LD. DR ON THE OTHER HAND RELIED ON THE ORDER OF AO AND CONTENDED THAT THE DEPARTMENT HAS NOT GIVEN UP ITS STAND. 4. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH THE ENTIRE MATERIAL AVAILABLE ON RECORD. ON FIRST COMMON GROUND RELATIN G TO DISALLOWANCE ON ACCOUNT OF BANK GUARANTEE CHARGES THE ITAT FOR A.Y . 2007-08 HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE HOLDING AS UND ER: 5. SINCE THE ISSUE IS COVERED BY THE DECISION OF I TAT IN THE ASSESSEES OWN CASE AND THE REVENUE HAS NOT BROUGHT OUT ON RECORD THAT THE FACTS ARE NOT IDENTICAL WITH THE FA TS OF THE CASE DECIDED EARLIER. WE THEREFORE DO NOT FIND ANY REA SON NOT TO FOLLOW THE DECISION OF ITAT. ACCORDINGLY IT IS HEL D THAT THE ASSESSEE WILL BE ENTITLED FOR DEDUCTION OF PAYMENT OF INTEREST ON BANK GUARANTEE COMMISSION. ACCORDINGLY WE DO NOT F IND ANY INFIRMITY IN THE ORDER PASSED BY THE LD. CIT(A) DEL ETING THE ADDITION. 6. SIMILARLY ON SECOND COMMON GROUND RELATING TO DISALLOWANCE OF EXPENSES ON ACCOUNT OF COMPENSATION PAID TO ALLOTTE ES OF FLATS THE ITAT FOR A.Y. 2007-08 IN PARA 6 OF ITS ORDER HAS OBSERVED AS UNDER: 6. THE NEXT ISSUE FOR CONSIDERATION RELATES TO DEL ETING THE ADDITION OF RS. 14 48 574/- ON ACCOUNT OF COMPENSAT ION PAID TO FLAT OWNERS. THE RELEVANT GROUND OF APPEAL IS REPRO DUCED HERE AS UNDER: ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 14 48 574/- MADE BY THE AO ON 3 ACCOUNT OF COMPENSATION PAID TO FLAT OWNERS WITHOUT GOING INTO THE MERITS OF THE CASE. 6.1. THEREAFTER CONSIDERING THE EARLIER ORDERS OF THE ITAT IN PARA 7 ITAT UPHELD THE ORDER OF CIT(A) ON THIS ISSUE BY FOLLOWI NG OBSERVATIONS: 8. SINCE THE ISSUE IS SQUARELY COVERED BY THE DECI SION OF ITAT IN THE ASSESSEES OWN CASE WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF LD. CIT(A) DELETING THE ADDITION. 7. ADMITTEDLY FACTS AND CIRCUMSTANCES OF THE CASE IN RESPECT OF BOTH THE ISSUES IN QUESTION FOR THE PRESENT ASSESSMENT YEARS REMAINING THE SAME AS IN EARLIER YEARS RESPECTFULLY FOLLOWING ITAT ORDER DA TED 21-1-2011 FOR A.Y. 2007-08 (SUPRA) WE FIND NO INFIRMITY IN THE ORDER OF CIT(A) ON THE ISSUES IN QUESTION. WE UPHOLD THE ORDERS OF CIT(A) FOR BOTH T HE ASSESSMENT YEARS IN QUESTION. 8. IN THE RESULT REVENUES APPEALS ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 13-02-2012. SD/- SD/- ( A.N. PAHUJA) ( R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13-02-2012. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR 4