2023 (2) TMI 342 - AT - Income Tax

Taxing of foreign income as taxable in India - Income earned from Malaysia and Sri Lanka - AO was of the view that in case of a resident person as per the provision of Income Tax Act, global income is taxable in India - Benefit of Double Taxation Avoidance Agreement (DTAA) entered into by India with Malaysia and Sri Lanka - HELD THAT:- We following the reasoning of the co-ordinate Bench while deciding the appeal in assessee’s own case for A.Y. 2014-15 [2022 (9) TMI 1414 - ITAT DELHI] and for similar reasons hold that A.O. was not justified in including the income earned in Malaysia and Sri Lanka as income of the assessee. We therefore direct the setting aside of the addition made by A.O and thus this ground of the assessee is allowed and Revenue is dismissed.

Disallowance u/s. 14A r.w.r 8D - HELD THAT:- We find identical issue arose before the co-ordinate bench of Tribunal in assessee’s own case for A.Y. 2014-15 [2022 (9) TMI 1414 - ITAT DELHI] wherein held the average investments, the disallowance made by the Revenue u/r 8D(2)(iii) by considering 0.5% of the average investment is hereby sustained.

Addition on account of advances written off - HELD THAT:- On the ground that, no details regarding advances written off has been filed by the assessee before the AO. CIT(A) held that the expenditure was already allowed in the year in which the material was purchased and the same cannot be allowed twice when the same has been returned by the sub-contractor.

Ongoing through the facts, we decline to interfere with the ratio of the ld. CIT(A). The appeal of the assessee on this ground is dismissed. Before us distinguishing feature in the facts of the present case at that of A.Y. 2014-15 has been pointed out by learned AR. In such a situation we find no reason to interfere with the order of Ld. CIT(A) on this ground. Thus this ground of the assessee is dismissed.

Deduction u/s. 80-IA - CIT(A) held Deduction to be allowable to the assessee - HELD THAT:- We find that identical issue arose in assessee’s own case for A.Y. 2014-15 and the co-ordinate bench of the Tribunal in [2022 (9) TMI 1414 - ITAT DELHI] has decided the issue in favour of the assessee and held appellant is entitled to claim deduction 80IA, which was wrongly denied - This ground of the Revenue is dismissed.

Addition on account of provision for maintenance - CIT- A deleted the addition - HELD THAT:- We find that on identical issue the co-ordinate Bench of Tribunal in A.Y. 2014-15 [2022 (9) TMI 1414 - ITAT DELHI] has decided the issue stating that assessee has been providing for expenses to b e incurred on demobilization, maintenance and other expenses since by inception of the Company. The same has been allowed by the Department all along excep t in the Assessment Years 1985-86, 1995-96 & 2001-02, 2002-03, 2003-04, 2004- 05 and 2005-06. In these years, the A.O. disallowed the aforesaid provisions. Further, in appeal before the Ld. C IT(A), in the assessment year 1985-86, 1995-96 and 2001-02 and 2002-03, these were allowed on the basis of the aforesaid judicial analysis.

Since, the decision of the ld. CIT(A) is based on the decision of the earlier years which stands upheld, we decline to interfere with the order of the ld. CIT(A) on this issue - case in the year under consideration and that of earlier years nor has placed any material on the record demonstrate that the order of the coordinate bench in assessee’s own case for earlier years has been set aside/overruled/stayed by higher judicial forum. We therefore find no reason to interfere with the order of Ld. CIT(A) - Decided against revenue.