2023 (9) TMI 1768

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....ue : Ms. Jyoti Verma, Sr. DR ORDER PER SHAMIM YAHYA, AM, This appeal by the assessee is directed against the order of the Ld. CIT(A)-1, Gurgaon, dated 08.06.2017 pertaining to Assessment Year 2013-14. 2. The grounds of appeal reads as under:- "1. The order of the Learned Commissioner of Income Tax (A) is arbitrary, against law and facts on record. 2. The learned Commi....

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.... Ld. CIT(A). The Ld. CIT(A) allowed deduction for the amount spent up to the date of filing of return of Rs. 27 lakhs only. The assessee has claimed that the assessee has complied with the requirement and has made the rest of the payment in the next week itself was not accepted by the Ld. CIT(A). The order of the Ld. CIT(A) in this regard reads as under:- "It is a fact on record that the ....

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.... The Ld. Counsel for the assessee submitted that the issue is squarely covered in favour of the assessee by the following case laws:- i. CIT vs Venkata Dilip Kumar (277 taxman 463) (Madras) ii. ITO vs Rekha Shetty (118 taxmann.com 10) (Chennai ITAT) iii. Amit Parekh vs ITO (170 ITD 213) (Kolkata ITAT) iv. Mrs. Seema Sabharwal vs ITO (169 ITD 319) (Chandigargh IT....

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....hat depositing the unutilized amount in a special account is only a procedural matter, and non-compliance thereof cannot result in negating the deduction claimed u/s 54 of the Act if the other requirements are complied with. We may gainfully refer to the order of the Hon'ble Madras High Court in the case of CIT vs Venkata Dilip Kumar reported in 277 taxman 463. In this case, it was held that where....