2021 (1) TMI 1084

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....16 is the Department's Cross Appeal for the same year. 2.0 The brief facts of the case are that the assessee company is engaged in the running of a five star Hotel in Delhi and is also carrying on investment and consultancy business. During the year under consideration, the assessee company also has income from house property. The return of income was filed declaring the net taxable income at Nil. The assessee's case was picked up for scrutiny. During the course of assessment proceedings, the Assessing Officer (AO) observed that the assessee had shown gross rent from house property at Rs. 5,10,67,771/- and had claimed deduction for repairs at the rate 30% amounting to Rs. 1,53,20,331/-. The Assessing officer noted that the assessee had ent....

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....961 (hereinafter called 'the Act') vide order dated 29.11.2002. 2.1 Aggrieved, the assessee approached the Ld. First Appellate Authority challenging these disallowances. The Ld. CIT (A) upheld the disallowance pertaining to rental income amounting to Rs. 69,88,677/- as well as the disallowance pertaining to legal and professional charges. However, the Ld. CIT (A) deleted the disallowance pertaining to depreciation. 2.2 Aggrieved by the order of the Ld. CIT (A) now both the assessee as well as Department is in appeal before this Tribunal and the respective grounds raised by them are as under: Grounds of appeal by the assessee in ITA No.2695/Del/2016 "1. The learned CIT (A) erred in law and on facts in confirming disallowance of 30% dedu....

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.... substitute, modify, delete or amend all or any ground of appeal either before or at the time of hearing. Grounds of appeal by the Revenue in ITA No.3864/Del/2016 "1. Whether the Ld. CIT (A) was justified in deleting the addition made by the AO on account of disallowance of depreciation. 2. The appellant craves to amend modify, alter, add or forego any ground of appeal at any time before or during the hearing of this appeal." 3.0 At the outset, the Ld. Authorized Representative (AR) submitted that all the disallowances are covered by the order of the Tribunal in assessee's own case for earlier Assessment Years. He drew our attention to orders of the Tribunal in assessee's own case for earlier Assessment Years 2001-02, 2002-03, 2003-04....

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....ircumstances, we see no reason to uphold the disallowance as upheld by the Ld. CIT (A). We also note that the identical issue was decided in favour of the assessee and against the Revenue in earlier orders of the Tribunal in ITA No.3737, 3738 & 3739/Del/2006 for Assessment Years 2001-02, 2002-03 & 2003-04 vide order dated 27.06.2008. The copies of all these orders have been placed before us and no contrary material or any higher Court's orders have been placed on record to show that such earlier orders of the Tribunal have been reversed by any higher forum. Therefore, following the precedents as citied above in assessee's own case, we set aside the order of the Ld. CIT (A) on the issue and direct the deletion of disallowance amounting to Rs....