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Showing contexts for: external development in Dcit, Central Circle- 28, New Delhi vs Maximal Infrastructure Pvt. Ltd., New ... on 27 August, 2021Matching Fragments
This appeal by the Revenue is directed against order dated 13/09/2017 passed by the Ld. Commissioner of Income-tax (Appeals)-29, New Delhi [in short 'the Ld. CIT(A)'] for assessment year 2014-15, raising following grounds:
1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) is right in deleting the addition of Rs.8,17,42,528/- being amount debited as interest expenses towards delayed payment of EDC external Development Charges to HUDA, as the same is treating it erroneously as fully allowable expenditure u/s 37, is penal in nature as interest has been charged by concerned authority for delay.
2. That the grounds of appeal are without prejudice to each other.
3. The appellant craves leave to add, alter or amend any/all of the ground(s) of appeal before or during the course of the hearing of the appeal.
2. Briefly stated facts of the case are that in the scrutiny assessment order dated 01/07/2016 in terms of section 143 (3) of Income-tax Act, 1961 (in short 'the Act') with reference to the return of income filed by the assessee, the Assessing Officer disallowed interest paid to Haryana Urban Development Authority(HUDA) for delayed payment of External Development Charges (EDC), which was claimed as revenue expenditure, observing as under:
ii) Secondly, the external development charges (EDC) is payable by the developer to the concerned government authority, which in this case is HUDA, for works related to water supply, sewerage, drains, roads, street lights etc which are integral part of a residential housing project and would therefore definitely constitute part of the cost of such projects. Therefore, the contention of the AR that EDC payable is not recoverable from buyers and further that it does not add anything to the physical development of the project is not acceptable.