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2023 (11) TMI 941 - ITAT DELHIAllowability of Brokerage expenses - AO disallowed the claim of brokerage paid by the assessee for enabling it to lease part of the SEZ premises to three parties - Assessee provided names and addresses of the parties along with invoices. However, AO was not satisfied - HELD THAT:- As decided in the case of M/s. Candor Gurgaon Two Developers and Projects Pvt. Ltd [2023 (7) TMI 400 - ITAT DELHI] invoices produced by appellant mentions details of the premises let out and the party to whom the lease was made. The copies of lease deed have also been placed on record. Ld. Tax Authorities have fallen in error in want of more evidences. When assessee is engaged in the business of rental of the properties then engaging brokers for procurement of the tenants is a common practice and the expenses of brokerage thus, have to be considered to have been incurred in ordinary course of business.Decided in favour of the assessee. Deduction u/s 80-IAB - AO disallowed deduction on car parking income, income from health club, income from food court and interest income. Ld. CIT (A) confirmed the disallowance - HELD THAT:- Notification of the Government of India dated 27th October 2006, certain operations were listed to be used by the Board of Approval while approving authorised operations in the SEZ. This list included parking, club house, shopping arcade, convention centre, etc. As decided in the case of M/s. Candor Gurgaon Two Developers and Projects Pvt. Ltd.[2023 (7) TMI 400 - ITAT DELHI] has allowed 80-IAB deduction in similar circumstances by holding that the issue is covered in favour of the assessee by case of Meghalaya Steels Ltd.[2016 (3) TMI 375 - SUPREME COURT]. In the same order ITAT has allowed deduction towards section 80-IAB towards car parking rental in favour of the assessee. We find that the above instances are assessee’s group cases and cover the issue in favour of the assessee. Accordingly, we hold that assessee is entitled to deduction u/s 80-IAB towards car parking income, income from health club, income from food court and interest income. This issue is decided in favour of the assessee.
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