2021 (12) TMI 401

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....essee by : Shri U. N. Marwah , CA ORDER PER SUCHITRA KAMBLE , JM This appeal is filed against the order dated 27.7.2018 passed by the CIT (A)-10, New Delhi by the revenue for Assessment Year 2015-16. 2. The grounds of appeal are as under :- "1. "On the facts and circumstances of the case, the Ld. CIT(A) has erred in law on facts in not appreciating the findings of the AO durin....

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....ck, Bandra Kurla Complex at Bandra (East), Mumbai from the promoter M/s Wadhwa Group Housing Pvt. Ltd. on 09/05/2014. Before purchase, the said property was rented out by Wadhwa Group Housing Pvt. Ltd to Roche Products (India) P. Ltd. vide leave and license agreement dated 06/01/2014. The property continued to be let out to Roche Products (India) P. Ltd even after it was purchased by the assessee.....

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.... 56(2)(iii) of the Act relying on the decision of the Hon'ble Supreme Court in the case of Sultan Brothers P. Ltd. v CIT (1964) 51 ITR 353 (SC). The AO inter alia referred to clause (i) of para 5.2.1 of Leave and License agreement dated 06/01/2014 in respect of common area maintenance charges and clause (ii) of para 5.2.1 in respect of electricity charges and other utilities. The AO disallowed the....

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....ssessment order and order of the CIT(A). 7. We have heard both the parties and perused all the relevant materials available on record. The CIT(A) has given a categorical finding that the assessee purchased bare office space in bare shell condition and as per the Leave and Licence Agreement/Deed of Adherence all the fit out works including furniture, fittings and fixture etc. were required to be....