2019 (8) TMI 1948

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....er of Ld. CIT(A) deleting the disallowance of deduction under section 80IA of the Act which was rejected by the AO by applying the provisions of section 80IA(10) of the Act by holding that the assessee is not eligible for claiming deduction under section 80IA of the Act and also challenging the order of Ld. CIT(A) on the ground that the disallowance of deduction under section 80IA is not justified in view of the fact that every assessment is a different year. 3. The Ld. A.R. submitted that the issue involved in the present appeal is squarely covered by the decision of the coordinate bench of the Tribunal in assessee's own case in ITA Nos.6061 & 6062/M/2016 in Assessment Years: 2010-11 & 2011-12 vide order dated 31.05.2019. The Ld. A.R. t....

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....er note that there was heavy employment of staff in the various section in Essar Investments Ltd as stated by the AR of the assessee and the said company was providing services to other group companies which were accepted by the revenue even in the scrutiny proceedings where all the assessments were framed u/s 143(3) of the Act. Further it is the assessee who is to decide what to do and when to do and but not to do and the department can not dictate to the assessee. In the case of CIT Vs Yum Restaurant India Pvt. Ltd.(supra) the Hon'ble Delhi High Court has held that as long as the payment is made for the purpose of business, the payment would be allowable as expenses. Whether a particular expense has to be incurred is to be seen from the b....

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....,000/- towards payment to M/S Essar Investments Ltd. towards availing various in the area of finance and treasury, accounting standard and audits, legal matters and litigation (both in India and abroad), arbitration, disputes, international benchmarking norms and project management systems, corporative governance, personnel policies, inventory management and risk and insurance management etc. (refer page 27) which were disallowed by the AO on the ground that assessee has failed to prove the proof of availing of services and the benefits realised out of those services. 9. The Ld. A.R., at the outset, pointed out that issue is squarely covered by the decision of the co-ordinate bench of the Tribunal in favour of the assessee in assessee's ....