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2022 (2) TMI 939 - AT - Income TaxDisallowance u/s 40A(3) - cash payments for acquiring land - HELD THAT:- Undoubtedly, the issue is decided by the coordinate benches in 38 cases of the group concerns where the identical disallowance u/s 40 A (3) of the income tax act has been deleted. On perusal of the most of the decisions, it is found that the coordinate benches have followed the decision passed by the coordinate bench in case of M/s West Land Developers Private Limited [2014 (12) TMI 254 - ITAT DELHI]. DR could not show us any reason or fresh material that why should we deviate from the orders of the coordinate benches. Even otherwise, judicial discipline, rule of consistency and rule of precedence requires that unless those orders are upset, same should be followed. Therefore respectfully following the decision of the coordinate benches, we direct the learned assessing officer to delete the disallowance as under section 40A (3). Addition on account of interest on PDCs paid out of books of account - interest paid in cash outside the books of account on Post Dated Cheques (PDCs) - HELD THAT:- Undoubtedly, the issue is decided by the coordinate benches in cases of the group concerns COUNTRYWIDE PROMOTERS PVT. LTD. AND VICE - VERSA [2021 (5) TMI 897 - ITAT DELHI] where the identical addition made on account of PDCs Interest has been deleted on similar facts. DR was unable to bring on record any fresh evidence or material to show us any valid and justifiable reason to deviate from the earlier orders of the coordinate benches as discussed above. The judicial discipline, rule of consistency and rule of precedence requires that unless those orders on same facts in case of other group companies are upset or facts are different or any fresh material or any evidence is brought on record to deviate from earlier decisions, same should be followed. Therefore respectfully following the decision of the coordinate benches, we direct the learned assessing officer to delete the whole addition on account of PDC Interest . Disallowance of Additional Payment made in view of the provisions of Section 37(1) on the basis of violation of Stamp Duty Act, 1899 - HELD THAT: - Undoubtedly, the issue is decided by the Co-ordinate Benches in almost 30 cases of the group concerns. Further, the appeal of department stands dismissed by Hon’ble Delhi High Court in case of one of Group Company of assessee on identical facts in case of Vasundhra Promoters Pvt. Ltd[2018 (6) TMI 74 - DELHI HIGH COURT] wherein the identical addition made on account of disallowance of additional payment has been dismissed. Considering most of the decisions of ITAT, it is found that Co-ordinate Benches have followed the decisions in the case of M/s West Land Developers Pvt. Ltd. [2014 (12) TMI 254 - ITAT DELHI] - CIT DR could not show us any reason or fresh material that why earlier decisions of the coordinate benches should not be followed.- Decided against revenue. Deemed dividend under section 2 (22)(e) - HELD THAT:- As the assessee is not share holder of payer group companies who paid loan/advance to the assessee and considering the legal position that dividend is to be received by shareholder only, the amount received by the assessee is not to be treated as deemed dividend in the hands of assessee. Moreover, this view is fully supported by decision of the Hon’ble Delhi High Court in case of CIT vs. M/s Ankitech Pvt. Ltd. [2011 (5) TMI 325 - DELHI HIGH COURT] - Decided against revenue.
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