2023 (5) TMI 1136

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....e Tax Act, 1961 (hereinafter referred as 'the Act') by the ITO, Ward-23(2), New Delhi (hereinafter referred as the Ld. AO). 2. Heard and perused the record. 3. The revenue is in appeal raising following grounds :- "1. Whether, on the facts and circumstances of the case and in law, the Ld.CIT(A) is justified in deleting the disallowance of Rs,17,67,16,747/- under section 40(a)(ia) applicable w.e.f 01/04/2013 and is retrospective in operation? 2. Whether, on the facts and circumstances of the case and in law, the Ld.CIT(A) is justified in relying upon Delhi High Court decision in the case of CIT vs Ansal Land Mark Township Pvt Ltd reported as (2015) 377 1TR 635 (Del) without appreciating that appeal has been admitted b....

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....TA No. 6484/Del/2015 dated 16.03.2018 set aside the matter to the file of AO and directed that the case may be decided after verification of condition of proviso to section 201(1) and in view of the Tribunal's findings in assessee's own case in AY 2007-08 wherein similar type of issue involved. 5.1 The set aside proceedings were taken up by the Ld. AO in this case. and the Ld. AO passed an order on 14.12.2018 u/s 254/147/143(3) of the Act and the amount of Rs. 17,67,16,747/- has again been added to the income of the assessee company on account of violation of provisions to section 40(a)(ia) of the Act. 5.2 Ld. CIT has observed; "Whereas, the set aside matter before the AO was for carrying out the said verification onl....