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2021 (8) TMI 865 - ITAT DELHIAddition u/s 40A(2)(b) - computing the profit of joint venture @4% of the gross receipts as the assessee had given the payment to the persons specified under section 40A(2)(b) - HELD THAT:- As decided in own case [2018 (4) TMI 1747 - ITAT DELHI] disallowance under this section is made in respect of the expenses incurred or payments made which are not deductible. This section has no application to income aspect of the assessee. As the AO has made disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, are of the considered opinion that the provisions of this section are not attracted. Therefore, uphold the impugned order on this score deleting the disallowance - Decided in favour of assessee.
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