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Kec-Varaha-Khazana (Jv), Gurugram vs Ito, Ward-2(3), Gurugram on 5 May, 2020 cites

Jcit (Osd) Central Circle-I, Noida vs Chanda Ram, Faridabad on 23 August, 2019

"8 I have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case, it is an admitted position that the AO made the addition by invoking the provisions of Section 40A(2)(b) of the Act which are applicable to the expenses considered to be excessive or unreasonable having regard to the fair market value of the goods/services or facilities for which the payment is made. However, in the instant case, the AO estimated the profit of the assessee and determined the income, nowhere he .doubted the expenses incurred by the assessee. Therefore, I am of the confirmed view that the AO was not justified in making th~ addition by invoking the provisions of Section 40A(2)(b) of the Act which are applicable to the expenditure and not to the receipts and the ld. CIT(A) rightly deleted the same. A similar issue having identical facts has already been adjudicated by the ITAT Delhi Bench "SMC", New Delhi vide order dated 21.11.2016 in ITA No. 2326/Del/2016 for the assessment year 2011-12 in the case of ITO, Ward-2(2), Gurgaon Vs KEC-Asiakom VB (JV), Gurgaon wherein the relevant findings are given in paras 5 & 6 of the order dated 21.11.2016 which read as under:
Income Tax Appellate Tribunal - Delhi Cites 0 - Cited by 3 - Full Document

Ito, Ward- 2(3), Gurgaon vs Kec Plr Kpipl Jv, Gurgaon on 13 April, 2018

5. I have heard both the parties and perused the orders of the revenue authorities, grounds of appeals raised in all these appeals alongwith the orders passed by the Tribunal in assessee's own case and copies thereof are attached with the Paper Book at pages 1-35 in assessee's case i.e. ITAT orders in the cases of KEC PLR KPIL-JV vs. ITO & KEC Asiakom UB JV vs. ITO for 2015-16; ITO vs. KEC Sidharth JV for AY 2013-14 and ITO vs. KEC PLR KPIPL JV for AY 2013-14 & 2014-15; ITO vs. KEC Delco Vraha (JV) for AY 2011-12; KEC Sidhartha JV vs. ITO for AY 2012-13 and order of ITO vs. KEC Asiakom UB (JV) for AY 2011-12.
Income Tax Appellate Tribunal - Delhi Cites 6 - Cited by 2 - Full Document
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