The Principal Commissioner of Income-tax-25 v. ITD ITD CEM JV - 2019-LL-0729-40

Citation	2019-LL-0729-40
Appellant Name	The Principal Commissioner of Income-tax-25
Respondent Name	ITD ITD CEM JV
Court	HIGH COURT OF BOMBAY
Relevant Act	Income-tax
Date of Order	29/07/2019
Judgment	View Judgment
Keyword Tags	administrative expenses • expenditure incurred • joint venture • tds
Bot Summary:	Mr. S. V. Bharucha, advocate for appellant. P.C.: 1 This appeal is filed by the Revenue to challenge the Judgment of the Income Tax Appellate Tribunal, Mumbai dated 8/6/2016. Following question is presented for our consideration : Whether on the facts and circumstances of the case and in law the Hon'ble ITAT was justified in confirming the order of the CIT Appeal in deleting the disallowance of Rs. 2,31,99,898/ under section 40(a)(ia) of the IT Act by holding that there is no requirement of expenditure incurred by Joint Venture partners, and administrative expenses without apprciating the fact that no TDS has been deducted on this amount. 17.doc has been examined at length by the Division Bench of this Court in the decision dated 4th September, 2017 in Income Tax Appeal No. 1826 of 2014. The High Court dismissed the Revenue Appeal and confirmed the decision of the Tribunal. In this appeal also the Revene has made a reference to the said Income Tax Appeal No. 1826 of 2014. Without going into the merits of the Appeal, this Appeal is also dismissed.

IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 516 OF 2017 Principal Commissioner of Income Tax 25. Appellant. Versus M/s. ITD ITD CEM JV C/O ITD Cementation India Ltd. Respondent. Mr. S. V. Bharucha, advocate for appellant. Mr. Tanzil Padvekar, advocate for respondent. CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : 29TH JULY, 2019. P.C.: 1 This appeal is filed by Revenue to challenge Judgment of Income Tax Appellate Tribunal, Mumbai dated 8/6/2016. Following question is presented for our consideration : (a) Whether on facts and circumstances of case and in law Hon'ble ITAT was justified in confirming order of CIT Appeal in deleting disallowance of Rs. 2,31,99,898/ under section 40(a)(ia) of IT Act by holding that there is no requirement of expenditure incurred by Joint Venture partners, and administrative expenses without apprciating fact that no TDS has been deducted on this amount? . 2 Learned Counsel for parties pointed out that this issue Talwalkar ::: Uploaded on - 01/08/2019 ::: Downloaded on - 02/08/2019 16:08:36 ::: 2 26.itxa516.17.doc has been examined at length by Division Bench of this Court in decision dated 4th September, 2017 in Income Tax Appeal No. 1826 of 2014. High Court dismissed Revenue Appeal and confirmed decision of Tribunal. In fact, in this appeal also Revene has made reference to said Income Tax Appeal No. 1826 of 2014. Hence, without going into merits of Appeal, this Appeal is also dismissed. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J.) Talwalkar ::: Uploaded on-01/08/2019 Principal Commissioner of Income-tax-25 v. ITD ITD CEM JV

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