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2015 (3) TMI 1304 - AT - Income TaxAddition on account of interest on Post Dated Cheques paid out of books of accounts - Held that:- The PDCs’ have been encashed within a period of six months as is apparent from page 11 of assessment order where A.O. has noted the date of sale of properties and date of encashment of cheques. Therefore, we find that the facts in the present case are similar in one of the Sister concern i.e. case of M/s IAG Promoters and Development Pvt. Ltd [2015 (2) TMI 12 - ITAT DELHI] therefore, following the Tribunal order in the case of group company, we dismiss this appeal of Revenue. Disallowance u/s 40A(3) in respect of which no deduction was claimed by the appellant - Held that:- The Tribunal in the group cases of the assessee on identical facts have held that the payment made for acquisition of land was not claimed as a deduction and hence the provisions of S.40A(3) of the Act is not applicable. See case of Glitz Builders and Promoters Pvt.Ltd [2015 (5) TMI 384 - ITAT DELHI] as held that when the cost of the land as well as additional payment is not claimed by the assessee as deduction, the question of any disallowance under Section 40A(3) or otherwise in the case of the assessee does not arise. - Decided in favour of assessee.
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