2023 (3) TMI 1053

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....For the Appellant : Ms. Pridhi Jaswinder Sandhu, Junior Standing Counsel. Ritu Bahri, J. CM-11088-CII-2021 Application is allowed and Annexures A-1 and A-2 are taken on record. ITA-131-2021 The revenue has come up in appeal against the order of the Income Tax Appellate Tribunal dated 30.10.2019 (in short, 'the Tribunal') passed in ITA No. 3433/Del/2016 for the assessment yea....

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....ntity & existence were allowable. Therefore, the following expenses were treated as revenue expenses:- Rent paid for registered office Rs.2348287 Depreciation as per IT Act Rs.212198 Legal expenses (Statutory audit fees, tax audit fees) Rs.454627 Misc. expenses Rs.575283 Communication expenses Rs.1345389 Total Rs.49,35,784 The disallowance worked out to Rs.10....

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.... Assessing Officer to obtain the details of the expenses out of the disallowed amount of Rs.8,66,73,393/- which pertained to the period after setting up of business on 07.07.2008 till 31.03.2009. The Commissioner further observed that there was a factual error committed by the Assessing Officer as he allowed rent paid for a registered office of Rs.23,48,287/- whereas actual figure was Rs.25,48,....

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....d the same as deduction in the year under consideration. The Tribunal had recorded another finding of fact that the assessee had earned income of Rs.17.14 million in the subsequent financial year 2009-10 which the revenue was not able to controvert. Hence, the order dated 31.03.2006 passed by the Income Tax (Appeals)-1, Gurgaon (Annexure A-2) affirmed by the Tribunal vide order dated 30.10.2019....