DCIT v. New India City Developers (P) Ltd.

Case Laws Analysis
REFERRED Regards Developers (P.) Ltd. v. Addl. CIT 2023 TaxPub(DT) 923 (Del-Trib)
REFERRED Regards Developers (P.) Ltd. v. Addl. CIT 2023 TaxPub(DT) 923 (Del-Trib)
REFERRED Shiv Sai Infrastructure (P) Ltd. v. ACIT 2019 TaxPub(DT) 6429 (Del-Trib)

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The Tax Publishers2024 TaxPub(DT) 1208 (Del-Trib) IN THE ITAT, DELHI BENCH SAKTIJIT DEY, V.P. & M. BALAGANESH, A.M. Dy. CIT v. New India City Developers (P) Ltd. ITA No. 1738/DEL/2023 5 March, 2024 Assessee by: None Revenue by: Indu Bala Saini, Sr. D.R. ORDER *M. Balaganesh, A.M.* 1. The appeal in ITA No. 1738/DEL/2023 for A.Y. 2014-15, arises out of the order of the Commissioner (Appeals)-30, New Delhi (hereinafter referred to as ld. CIT (A), in short) in Appeal No. 102499/2019-20 dated 14-3-2023 against the order of assessment passed under section 147 of the Income Tax Act, 1961 (hereinafter referred to as the IT Act) dated 17-12-2019 by the assessing officer, Dy. CIT, Central Circle-31, New Delhi (hereinafter referred to as ld. AO). 2. The revenue has raised the following grounds of appeal:- 9. Whether in the facts and circumstances of the case, the learned Commissioner (Appeals) has erred in law and on facts in deleting the addition amounting to Rs. 2,07,54,440, on account of disallowance of External Development Charges (EDC) paid to HUDA without deduction of tax at source. 10. Whether in the facts and circumstances of the case, the learned Commissioner (Appeals) has erred in facts in ignoring that during the survey action on HUDA, it was found that the assessee made payments of EDC to HUDA, which is a taxable entity and not covered by the provisions of section 196. 11. Whether in the facts and circumstances of the case, the learned Commissioner (Appeals) has erred in ignoring the clarification offered by the CBDT (Office Memorandum No. F. No. 370133/37/2017-TPL dated 23-12-2017), wherein it was held that Tax Deducted at Sources provisions are applicable on EDC payable by the assessee to HUDA. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 1208 (Del-Trib)

IN THE ITAT, DELHI BENCH

SAKTIJIT DEY, V.P. & M. BALAGANESH, A.M.

Dy. CIT v. New India City Developers (P) Ltd.

ITA No. 1738/DEL/2023

5 March, 2024

Assessee by: None

Revenue by: Indu Bala Saini, Sr. D.R.

ORDER

M. Balaganesh, A.M.

1. The appeal in ITA No. 1738/DEL/2023 for A.Y. 2014-15, arises out of the order of the Commissioner (Appeals)-30, New Delhi (hereinafter referred to as ld. CIT (A), in short) in Appeal No. 102499/2019-20 dated 14-3-2023 against the order of assessment passed under section 147 of the Income Tax Act, 1961 (hereinafter referred to as the IT Act) dated 17-12-2019 by the assessing officer, Dy. CIT, Central Circle-31, New Delhi (hereinafter referred to as ld. AO).

2. The revenue has raised the following grounds of appeal:-

9. Whether in the facts and circumstances of the case, the learned Commissioner (Appeals) has erred in law and on facts in deleting the addition amounting to Rs. 2,07,54,440, on account of disallowance of External Development Charges (EDC) paid to HUDA without deduction of tax at source.

10. Whether in the facts and circumstances of the case, the learned Commissioner (Appeals) has erred in facts in ignoring that during the survey action on HUDA, it was found that the assessee made payments of EDC to HUDA, which is a taxable entity and not covered by the provisions of section 196.

11. Whether in the facts and circumstances of the case, the learned Commissioner (Appeals) has erred in ignoring the clarification offered by the CBDT (Office Memorandum No. F. No. 370133/37/2017-TPL dated 23-12-2017), wherein it was held that Tax Deducted at Sources provisions are applicable on EDC payable by the assessee to HUDA.