Commissioner of Income-tax v. Dlf Universal Ltd
[Citation -2015-LL-0416-44]

Citation 2015-LL-0416-44
Appellant Name Commissioner of Income-tax
Respondent Name Dlf Universal Ltd.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 16/04/2015
Assessment Year 1991-92
Judgment View Judgment
Keyword Tags admissible expenditure • question of law • sale of plot
Bot Summary: This matter is taken up today along with ITA No.1136/2009 as the same question of law is involved. Learned counsel for the parties submitted that the present appeal also involves the same question i.e. relating to payment of brokerage on sale of plots but for the Assessment Year 1991-92. We notice that the question of law framed in this appeal on 23.03.2006 is in identical terms with the fourth question of law framed in ITA 1136/2009 i.e. disallowance of certain amount of 68,58,406/- which was originally claimed by the assessee on account of brokerage payment on sale of plots. This Court has in ITA 1136/2009, affirmed the findings of the Income Tax Appellate Tribunal that such brokerage is an admissible expenditure since it was incurred in the same year. Following the same reason, the question of law framed in the present appeal too is answered against the revenue and in favour of the assessee.


Regular IN HIGH COURT OF DELHI AT NEW DELHI ITA 354/2006 COMMISSIONER OF INCOME TAX Appellant Through: Mr.N.P.Sahni, Sr.Standing Counsel with Mr.Nitin Gulati, Jr.Standing Counsel. versus DLF UNIVERSAL LTD. Respondent Through: Ms.Kavita Jha and Mr.Vaibhav Kulkarni, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA ORDER 16.04.2015 1. This matter is taken up today along with ITA No.1136/2009 as same question of law is involved. 2. Learned counsel for parties submitted that present appeal also involves same question i.e. relating to payment of brokerage on sale of plots but for Assessment Year (AY) 1991-92. We notice that question of law framed in this appeal on 23.03.2006 is in identical terms with fourth question of law framed in ITA 1136/2009 i.e. disallowance of certain amount of 68,58,406/- which was originally claimed by assessee on account of brokerage payment on sale of plots. 3. This Court has in ITA 1136/2009, affirmed findings of Income Tax Appellate Tribunal (ITAT) that such brokerage is admissible expenditure since it was incurred in same year. Following same reason, question of law framed in present appeal too is answered against revenue and in favour of assessee. 4. This appeal is dismissed. S. RAVINDRA BHAT, J R.K.GAUBA, J APRIL 16, 2015 mr Commissioner of Income-tax v. Dlf Universal Ltd
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