2025 (8) TMI 516

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....: Shri Vikram Vijayaraghavan, Advocate For The Revenue : Shri Nilay Baran Som, CIT ORDER PER JAGADISH, A.M : Aforesaid appeal filed by the Revenue for Assessment Year (AY) 2016-17 arises out of the order of Learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter "CIT(A)"] dated 25.09.2023 in the matter of assessment framed by the Assessing Officer....

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....ip and treating the balance 40% as income spread over the tenure of the contract. 5.1 The assessee is engaged in the business of holiday time sharing and has offered 60% of such receipts in the current year and remaining 40% over the membership period. The A.O has held the entire membership fee to be taxable in the year of receipt. The Ld. CIT(A) has deleted the addition as the issue has been d....

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....vered by the decision of Spl. Bench in assessee's own case in ITA No 2412 to 2416/Mds/2005 for A.Y. 1998-to 2002-03 and Co-ordinate bench decision ITA No943&944/chny/2018 & 1089/chny/2018 for A.Y. 2011-12 to 2014-15. We accordingly find no infirmity in the order of Ld CIT(A) and dismiss this ground of appeal of revenue. 6. Ground No.3 is against granting relief on disallowances of capital expen....

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....record. The Ld CIT(A) has directed A.O to follow direction ITAT in A.Y 2008-09 as facts are identical. We do not find any infirmity in the order of Ld CIT(A) order, A.O is therefore directed to allow the claim as per direction given by the Bench in A.Y 2009-10. The ground of appeal is dismissed accordingly. 7. Ground No.3 is regarding 40(a)(i) of the Act disallowance on payment made to Heritage....