2019 (2) TMI 1323 - AT - Income Tax

Court rules in favor of assessee, deletes additions by Assessing Officer on various issues.

The Dy. C.I.T Circle 1 (1), Gurgaon Versus DLF Retail Developers Ltd.

The Dy. C.I.T Circle 1 (1), Gurgaon Versus DLF Retail Developers Ltd. - TMI Issues involved:1. Deletion of addition of Rs. 5.73 crores in assessment year 2006-07 and Rs. 2.96 crores in assessment year 2007-08 related to the cost of parking area in a commercial complex.2. Deletion of addition of Rs. 50,99,086 being interest paid to DLF Ltd on borrowed capital.3. Deletion of addition of Rs. 4,45,425 regarding recognition of interest on delayed payments from customers.4. Deletion of addition of Rs. 3,46,460 for travelling and related expenses incurred for acquisition of shares of land owning companies.Detailed Analysis:1. The first issue involved the deletion of additions related to the cost of parking area in a commercial complex. The Assessing Officer had added the cost of parking area to the project's budget, which was contested by the assessee. The CIT(A) ruled in favor of the assessee, stating that the parking area was mandatory and not for commercial use, leading to the deletion of the addition. The ITAT upheld the CIT(A)'s decision, emphasizing that the parking area was not a saleable area and was essential for the project, resulting in the dismissal of the Revenue's appeals.2. The second issue concerned the deletion of addition of interest paid to DLF Ltd on borrowed capital. The Assessing Officer disallowed the interest, linking it to the investment in shares of land-owning companies. However, the CIT(A) found no violation of Section 36(1)(iii) and directed the deletion of the addition. The ITAT concurred with the CIT(A), highlighting the strategic investment nature of the borrowed funds, leading to the dismissal of the Revenue's appeal.3. The third issue addressed the deletion of an addition related to the recognition of interest on delayed payments from customers. The Assessing Officer assumed interest for six days, which was contested by the assessee, citing a cut-off date for charging interest. The CIT(A) agreed with the assessee's practice and deleted the addition. The ITAT upheld the CIT(A)'s decision, emphasizing the consistency in charging interest and the moral obligations towards customers, resulting in the dismissal of the Revenue's appeal.4. The final issue involved the deletion of expenses for travelling and related costs incurred for acquiring shares of land owning companies. The Assessing Officer disallowed these expenses based on the disallowed interest amount. As the interest disallowance was reversed by the CIT(A), the related expenses were also deleted. The ITAT upheld the CIT(A)'s decision, leading to the dismissal of the Revenue's appeal in this regard.